Pastoral Psychology And Theologist Professional · 2024-09-24
Decision Date
2024-09-24
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 establish and manage the Family Center to provide counseling and therapy services to the elderly, children, adolescents, and families. The center will address issues such as substance abuse, rehabilitation, mental health, depression, divorce, elderly counseling, and spiritual guidance, aiming to enhance the quality of life for the elderly by promoting their literacy, mental health, and overall well-being.
Framework Evaluation
0 of 3 criteria met
1Proposed endeavor has substantial merit and national importanceNot Met
The Petitioner failed to establish that the proposed endeavor had national importance, as the evidence did not sufficiently demonstrate how the business would impact the industry or U.S. economy beyond prospective clients.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. The Director found that the Petitioner's business plan and RFE response constituted an impermissible material change to his proposed endeavor. Although the Petitioner claimed economic impact and job creation, he did not provide sufficient details or supporting documentation to show how his business would impact the industry or the U.S. economy at a level commensurate with national importance, failing to demonstrate "substantial positive economic effects" or job creation directly attributable to his work.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested additional evidence to support the petition, particularly concerning the national interest waiver. The petitioner responded with a business plan that was considered an impermissible material change to the proposed endeavor, and the provided evidence was deemed insufficient to establish national importance.
RFE Targets
Proposed endeavor has substantial merit and national importance
The petitioner proposes to work as a pastor, offering pastoral counseling services and growing a firm that will engage other skilled counselors. The endeavor aims to engage troubled communities to teach coping mechanisms for responsible citizenship amidst grief and hurting.
The petitioner proposes to work as a clinical and counseling psychologist through her Florida-based business. Her endeavor includes a plan to employ 73 workers by the fifth year of her company's operation.
The petitioner proposes to serve as a priest for the Ukrainian Orthodox Church of the USA in Connecticut. The endeavor involves providing ongoing spiritual care, emotional support, and religious services to the church community, including potential support for war refugees and wounded soldiers.
The petitioner proposes to open a private practice in psychotherapy. This endeavor aims to provide mental health services, with projections for job creation and revenue generation over five years.
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.
