dismissed EB-2 (NIW)
Nurse
Nursing / Home Health Care · Brazil · 2024-07-24
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 initially proposed to work as a nurse for a health care facility. On motion, she attempted to change her endeavor to establishing and operating a home health care business in the United States.
Framework Evaluation
0 of 3 criteria met1 Substantial Merit and National Importance Not Met
The Petitioner did not demonstrate that her proposed work as a nurse had the required national importance.
Why This Petition Was Denied
The motion was dismissed because the Petitioner attempted to make material changes to the petition after filing by changing her proposed endeavor. Additionally, she failed to meet the threshold requirements for an ineffective assistance of counsel claim under Matter of Lozada.
Evidence
Evidence Types
Reference Letters Dependent
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-24.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2
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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