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dismissed EB-2 (NIW) RFE Issued

Medical Entrepreneur

Medical Field And/Or In A Nursing Home/Assisted Living Facility · Philippines · 2024-06-17

Decision Date
2024-06-17
Location
United States
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 plans to work as an entrepreneur in the U.S. medical field, specifically within nursing homes or assisted living facilities. She intends to provide advice and consultation to U.S. healthcare institutions, train medical professionals, and advise companies venturing into the health field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish EB-2 eligibility. Her 1990 Filipino bachelor's degree was found to be a three-year program rather than the required four-year U.S. equivalent, and she failed to provide employer letters with specific job descriptions to prove five years of progressive experience. Additionally, she only met two of the six criteria for exceptional ability (degree and license), failing to prove high salary, professional memberships, or significant industry recognition.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the petitioner's qualifications for the EB-2 category and the Dhanasar prongs. The petitioner submitted a supplemental business plan and recommendation letters, but they lacked specific duty descriptions and failed to reconcile employment inconsistencies.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships

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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: 2024-06-17.

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At a Glance

Outcome dismissed
RFE Issued
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 Philippines All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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