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dismissed EB-2 (NIW) RFE Issued

Nurse

Nursing / Healthcare · 2024-07-12

Decision Date
2024-07-12
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 U.S. hospitals and clinics, treating children, adults, and elderly patients. She also intends to engage in healthcare staff training, administration, and the mentorship of future nursing professionals to address industry shortages.

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 impact the field more broadly than the immediate employer and patients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework. Specifically, she did not establish the national importance of her work, as providing nursing services and training at a local level does not impact the field or the U.S. economy broadly enough. The AAO also noted that labor shortages are generally addressed through the labor certification process rather than the NIW.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support the national importance of the nursing endeavor and the benefit of waiving the labor certification. The petitioner provided a supplemental plan and industry reports on nursing shortages.

RFE Targets
Substantial Merit and National Importanceprong 3

Evidence

Evidence Types
Letters
Articles

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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: 2024-07-12.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

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

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