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dismissed EB-2 (NIW) RFE Issued

Nurse

Nursing · Brazil · 2024-06-28

Decision Date
2024-06-28
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 nurse, nurse educator, and researcher, providing hands-on patient care in hospitals and home settings while also training healthcare professionals and conducting research to improve patient outcomes and reduce hospitalization costs. He also mentioned plans to develop a medical device related to external cranioplasty treatment.

Framework Evaluation

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

While the endeavor had substantial merit, the Petitioner did not demonstrate its national importance or broader implications for the field of nursing.

Why This Petition Was Denied

The appeal was dismissed primarily because the Petitioner failed to meet Prong 1 of the Dhanasar framework, as he did not show his work would have a national impact beyond his immediate employers. The Petitioner attempted to change his strategy on appeal to focus on being a 'Nurse Educator,' but the AAO found his plans vague, unsupported by objective evidence, and insufficient to address the national nursing shortage.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the national importance of the endeavor; the petitioner responded by detailing his roles as a nurse, researcher, and educator.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Peer Reviewed Publications

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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: 2024-06-28.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

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 EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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