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dismissed EB-2 (NIW) RFE Issued

Nutritionist

Nutritionist · 2024-08-12

Decision Date
2024-08-12
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 improve the nutrition and overall health of people in the United States by continuing her career in nutrition, combating misinformation, collaborating with healthcare programs and schools, and improving health outcomes for patients.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The proposed endeavor was found to have substantial merit, but the Petitioner failed to demonstrate its national importance, as its impact did not extend broadly enough to the field or economy.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate that her proposed endeavor had national importance under the first prong of the Dhanasar framework. USCIS found that her work, while valuable to direct patients, did not show broader implications for the nutrition/healthcare field or the U.S. economy, nor did it contribute to improving human knowledge, research, or scientific advancements. The decision reserved opinion on prongs two and three.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the Petitioner's endeavor. In response, the Petitioner submitted an updated personal statement detailing activities to combat misinformation and provide dietary resources, along with industry articles and expert opinions.

RFE Targets
The proposed endeavor has both substantial merit and national importance

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: 2024-08-12.

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At a Glance

Outcome dismissed
RFE Issued
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

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