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dismissed EB-2 (NIW) RFE Issued

Medical Administrator

Medical Administrator/Dental Surgeon In The Field Of Dentistry · Brazil · 2022-07-26

Decision Date
2022-07-26
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 establish and manage a network of integrated healthcare and dental clinics in the United States using a modernistic management approach. She intends to implement a patient-driven business culture with cost-saving initiatives to provide specialized yet affordable care, starting with a pilot clinic and expanding nationally.

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 it did not demonstrate broader field impact or substantial economic effects beyond individual patients.

2 Well Positioned to Advance the Endeavor Not Met

The petitioner failed to provide specific details on her methodology, funding, or concrete steps taken to establish the business in the U.S. healthcare system.

3 Waiver Benefit to the US Not Met

The AAO declined to reach this prong as the first two were not met.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first and second Dhanasar prongs. Specifically, she did not provide evidence of national importance or substantial economic effects, and failed to show she was well-positioned due to a lack of concrete business plans, identified investors, or U.S.-specific licensing.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence that the petitioner was well-positioned to advance the endeavor. The petitioner responded with a professional plan and reference letters which the Director still found insufficient.

RFE Targets
Well Positioned to Advance the Endeavor

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2022-07-26.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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