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dismissed EB-2 (NIW) RFE Issued

Nutritionist

Nutrition · 2024-07-16

Decision Date
2024-07-16
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 private practice and for other businesses, providing services in catering, quality control, clinical and sports nutrition, management services, and community education to help clients create healthy eating plans.

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 did not establish the national importance of the endeavor under the first Dhanasar prong. The record lacked evidence that the work would have broader implications beyond immediate customers or result in substantial positive economic effects or job creation. The AAO declined to reach findings on the second and third prongs as the failure of the first prong was dispositive.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding national importance; the petitioner provided academic records, a resume, and letters of interest, but these did not sufficiently demonstrate prospective impact.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
Academic Records
Resume

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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: 2024-07-16.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

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