dismissed EB-2 (NIW)

Nurse

Nursing · 2023-08-02

Decision Date
2023-08-02
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, specifically focusing on pediatric, neonatal, and adult nursing, as well as emergency risk auditing and intensive care. He intends to employ modern nursing strategies and techniques to control and prevent hospital infections.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked sufficient evidence of national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor; his work was seen as having a limited impact on specific patients rather than the national healthcare system. Additionally, the petitioner did not resolve inconsistencies regarding his full-time work experience required for advanced degree professional status, and his evidence did not demonstrate expertise significantly above the norm for exceptional ability.

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: 2023-08-02.

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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

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