dismissed EB-2 (NIW)

Entrepreneur

Kinesiology ยท 2024-08-05

Decision Date
2024-08-05
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 provide kinesiology services, primarily to rural patients who currently lack adequate healthcare access. This endeavor aims to address healthcare disparities in underserved areas.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The AAO affirmed the Director's finding that the petitioner did not establish the national importance of the proposed endeavor, specifically regarding kinesiology services for rural patients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor, which is the first prong of the Dhanasar framework. The Administrative Appeals Office (AAO) adopted and affirmed the Director's decision, finding no error in the determination that the national importance standard had not been met. The AAO reserved opinion on the second and third prongs as the first prong was not satisfied.

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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: 2024-08-05.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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