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dismissed EB-2 (NIW)

Nutritionist

Nutrition · 2024-06-26

Decision Date
2024-06-26
Location
Florida
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 start a new company to provide nutrition counseling and consulting services to individual clients, including children, seniors, and pregnant women, as well as hospitals and schools. The endeavor aims to develop healthy dietary habits, detect and mitigate malnutrition, and support lifestyle changes through a multidisciplinary team.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director originally found this prong met, though the AAO expressed reservations during de novo review.

2 Substantial Merit and National Importance Not Met

While the endeavor has substantial merit, it lacks national importance as it does not demonstrate a sufficiently broad impact on the field or economy.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification, as she did not provide employer letters documenting five years of post-baccalaureate experience. Additionally, the proposed endeavor lacked national importance because it focused on professional services to individual clients rather than advancing the field of nutrition or STEM research broadly. The petitioner also failed to corroborate economic projections of 17 employees and a $1 million payroll with supporting evidence.

Evidence

Evidence Types
Government Alignment
Business Plan

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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: 2024-06-26.

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At a Glance

Outcome dismissed
Criteria Met 1 / 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

Related Pages

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

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