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dismissed EB-2 (NIW) RFE Issued

Nutritionist

Nutrition And Healthcare · Brazil · 2024-07-18

Decision Date
2024-07-18
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 nutritionist in clinical care, school food service management, and hospital meal preparation. She intends to provide dietary prescriptions for weight loss and bariatric surgery patients, lead multi-professional teams in hospital nutrition, and conduct research on malnutrition in healthcare institutions.

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 or broad prospective impact.

2 Well-positioned to Advance the Endeavor Not Met

The Director found the petitioner failed to provide specific information to show she was well-positioned; the AAO declined to reach this issue as Prong 1 was dispositive.

3 Waiver of Job Offer and Labor Certification Not Met

The Director found the petitioner did not demonstrate that waiving the requirements would benefit the U.S.; the AAO reserved this argument.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor (Prong 1). While she holds a foreign equivalent of a U.S. master's degree and has 10 years of experience, her plans lacked specific stakeholders, detailed research methodologies, or evidence of significant economic impact or job creation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more specificity regarding the proposed endeavor and its impact. The petitioner responded with updated plans and expert opinions, but the Director still found the evidence insufficient.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorWaiver of Job Offer and Labor Certification

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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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: 2024-07-18.

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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 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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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