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dismissed EB-2 (NIW)

Nurse

Nursing · Brazil · 2024-09-30

Decision Date
2024-09-30
Location
United States
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 seeks to operate a nursing home facility in the United States. The endeavor involves applying his educational background, professional experience, and specialized training in nursing and healthcare management.

Framework Evaluation

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

The Director determined that the Petitioner did not establish eligibility under the first prong of the Dhanasar framework.

2 Well-Positioned to Advance the Endeavor Not Met

The Director determined that the Petitioner did not establish eligibility under the second prong of the Dhanasar framework.

3 Benefit to the United States Not Met

The Director determined that the Petitioner did not establish eligibility under the third prong of the Dhanasar framework.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for the EB-2 exceptional ability classification. The AAO found that the Petitioner did not meet at least three of the six evidentiary criteria under 8 C.F.R. § 204.5(k)(3)(ii), specifically withdrawing the Director's conclusions on ten years of experience and professional association membership. Furthermore, the Petitioner did not demonstrate a degree of expertise significantly above that ordinarily encountered in the field of nursing, as required by 8 C.F.R. § 204.5(k)(2). Assertions in letters of support lacked corroborative evidence of impact or unique skills.

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships

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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: 2024-09-30.

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At a Glance

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

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