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dismissed EB-2 (NIW)

Nurse

Nursing · 2024-12-05

Decision Date
2024-12-05
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 continue working as a nurse in the United States, with an expanded plan to address the shortage of nurses and improve healthcare access for underserved and immigrant communities.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

USCIS found that the petitioner did not demonstrate the national importance of her proposed endeavor under this prong.

2 Petitioner is well-positioned to advance the proposed endeavor Not Met

USCIS reserved its review of the petitioner's eligibility under this prong.

3 On balance, it would benefit the U.S. to waive the job offer and labor certification requirements Not Met

USCIS reserved its review of the petitioner's eligibility under this prong.

Why This Petition Was Denied

The motion to reopen was dismissed because the petitioner failed to present new facts or evidence relevant to the first prong (national importance), which was the basis for the initial denial. The new evidence, including recommendation letters, eligibility for the registered nurse examination, and an employment offer, was deemed pertinent to the second prong (well-positioned) but not to the first. The motion to reconsider was dismissed because the petitioner did not specify any error in the application of law or policy in the prior decisions.

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-12-05.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

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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