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dismissed EB-2 (NIW) RFE Issued

Massage Therapist

Massage Therapy · 2024-05-09

Decision Date
2024-05-09
Location
Florida
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 operate a spa offering massage therapy services in Florida, aiming to improve patient health, reduce stress and chronic pain, and improve worker productivity.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance as its impact is localized to the petitioner's specific business and clients.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong unmet; the AAO declined to reach a final conclusion as the first prong was dispositive.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong unmet; the AAO reserved its opinion.

Why This Petition Was Denied

The petitioner failed to establish the national importance of the specific proposed endeavor. The record did not demonstrate that the impact of a single massage therapy business would extend to the broader field or the U.S. economy at a level commensurate with national importance. Additionally, the petitioner did not establish eligibility as an individual of exceptional ability.

Request for Evidence (RFE)

Unsuccessfully Addressed

The petitioner responded to the RFE with an impact analysis report and claims regarding economic benefits, which the Director found were not supported by independent evidence.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

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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: 2024-05-09.

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At a Glance

Outcome dismissed
RFE Issued
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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