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dismissed EB-2 (NIW) RFE Issued

Surgeon

Medical Field · Brazil · 2023-07-18

Decision Date
2023-07-18
Location
Ohio
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 surgeon in the United States, specifically helping health providers and hospitals improve medical procedures and dealing with complex surgical cases. He initially described a general surgical role, later specifying an intent to work as a clinical associate surgeon in endocrine surgery.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The petitioner's 11 years of experience and specialized training in Brazil demonstrate he is well-positioned.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as its impact is limited to a specific hospital's patients.

3 On Balance Benefit to the U.S. Not Met

The petitioner did not establish that waiving the labor certification would benefit the U.S. on balance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first prong of the Dhanasar framework, specifically failing to show the national importance of his work. While he is an experienced surgeon with 11 years of experience in Brazil and a medical degree from Universidade do Sul de Santa Catarina, his proposed work was deemed to have a localized impact limited to his employer and patients rather than the field at large.

Request for Evidence (RFE)

Unsuccessfully Addressed

The NOID requested evidence for all three Dhanasar prongs; the petitioner provided a job offer from the Cleveland Clinic and a revised professional plan.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance Benefit to the U.S.

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships
Conference Presentations

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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: 2023-07-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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

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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