dismissed EB-2 (NIW)

Nurse

Obstetrics · 2024-08-13

Decision Date
2024-08-13
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 company providing midwife and doula services to women during their pregnancies and the postpartum period, along with care for the first six weeks of a newborn's life. The services aim to incorporate medical and cultural care, particularly for Hispanic and Brazilian communities.

Framework Evaluation

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

The endeavor was found to have substantial merit in the health field, but it did not establish national importance due to uncorroborated economic impact claims, insufficient job creation, and a limited scope of impact beyond direct clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first prong of the Dhanasar framework, specifically regarding national importance. While the endeavor had substantial merit, claims of positive economic impact and job creation (8-12 professionals) were not corroborated by independent evidence. The proposed innovations and cultural care were found to have limited impact on the broader industry, rather than national or global implications, and the scope of operation was inconsistent.

Evidence

Evidence Types
Diploma Transcripts
Business Plan
Expert Opinion Letters

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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: 2024-08-13.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

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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