dismissed EB-2 (NIW)

Registered Nurse

Hospitals Industry · Brazil · 2023-07-07

Decision Date
2023-07-07
Location
Utah
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner proposes to work as a registered nurse in pediatric healthcare settings, focusing on pediatric nursing, providing nursing training, and providing high-quality healthcare services to the Latin population. She also intends to obtain certification as a pediatric nurse practitioner through a master's program.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

While the endeavor had substantial merit, it lacked national importance as the benefits were limited to the petitioner's specific patients and employers.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor (Prong 1). While she is an advanced degree professional with 15 years of experience as a pediatrician in Brazil, her proposed work as a nurse was found to have localized impact rather than the broader implications required by Dhanasar.

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Expert Opinion

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-07-07.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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