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dismissed EB-2 (NIW)

Entrepreneur In The Field Of Nursing And Home Health Care

Nursing And Home Health Care · 2024-07-29

Decision Date
2024-07-29
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 operate an entrepreneurship in nursing and home health care, specifically establishing a telemedicine and e-visit system to allow nationwide access to services. The endeavor also includes establishing a franchise system and conducting research and development of new therapeutic methods.

Framework Evaluation

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

The record did not establish that the proposed endeavor's impact would extend to the field more broadly rather than just the petitioner's clients.

Why This Petition Was Denied

The appeal and subsequent motions were dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. The AAO found that the impact of the proposed work was limited to the petitioner's direct clients rather than the industry at large, and no new facts were presented to warrant reopening.

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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: 2024-07-29.

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At a Glance

Outcome dismissed
Criteria Met 0 / 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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