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dismissed EB-2 (NIW) RFE Issued

Entrepreneur

Medical Field · 2024-05-06

Decision Date
2024-05-06
Location
New York
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 comprehensive integrative medical services (including acupuncture, massage, and chiropractic care) to underserved and immigrant populations regardless of insurance status. He also intends to spread knowledge regarding vaccine safety and regular health check-ups while volunteering at clinics.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The petitioner did not identify a specific endeavor with broader implications beyond his immediate potential patients or students.

2 Well-positioned to Advance the Endeavor Not Met

Inconsistencies in the petitioner's professional background and employment records undermined his position to advance the endeavor.

3 Waiver Benefit to the United States Not Met

The USCIS declined to reach this prong as the petitioner failed the first two requirements.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not provide a specific, consistent description of his endeavor, making it impossible to determine national importance. Additionally, there were unresolved inconsistencies regarding his employment history and the timing of his medical degree. The petitioner failed to meet any of the three Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a detailed description of the undertaking; the petitioner responded by shifting focus from volunteering/teaching to providing integrative medical services.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2024-05-06.

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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 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

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