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dismissed EB-2 (NIW) RFE Issued

Nurse

Nursing/Healthcare · Brazil · 2024-07-22

Decision Date
2024-07-22
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 in the United States, providing high-quality urgent and emergency care services. She also intends to educate and train other healthcare professionals by sharing nursing methods and strategies she developed and applied in Brazil.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but failed to demonstrate national importance.

2 On balance, it would benefit the United States to waive the requirements Not Met

The Petitioner did not establish that the benefits of her work outweighed the need for labor certification.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of her endeavor under the first Dhanasar prong. Although she is an advanced degree professional with significant experience in Brazil, the evidence did not show her specific work would have a broader prospective impact on the U.S. healthcare system or solve the national nursing shortage.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFEs requested evidence to satisfy the three Dhanasar prongs; the Petitioner responded with three versions of a business plan and expert letters.

RFE Targets
Substantial Merit and National Importanceprong 2On balance, it would benefit the United States to waive the requirements

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Reference Letters Independent
Original Contributions
Media Coverage

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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: 2024-07-22.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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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