dismissed EB-2 (NIW)

Nurse

Nursing And Healthcare · Brazil · 2024-06-10

Decision Date
2024-06-10
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 high-quality nursing services to the elderly and educate future nurses regarding the care of an aging population. She intends to share healthcare methods and strategies developed and applied in Brazil with other professionals in the field.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not demonstrate broader implications beyond routine local nursing services.

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 declined to reach a final conclusion as the first prong was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish the national importance of her endeavor under the first Dhanasar prong. While she holds an advanced degree, her proposed work was seen as providing routine services that do not offer broader implications or medical advances. The record failed to show significant potential for job creation or substantial economic effects.

Evidence

Evidence Types
Peer Reviewed Publications
Reference Letters Dependent
Government Alignment

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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: 2024-06-10.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 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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