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dismissed EB-2 (NIW) RFE Issued

Athletic Trainer

Physical Rehabilitation Services · 2023-07-19

Decision Date
2023-07-19
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 a physical rehabilitation institute focused on providing specialized treatments for chronic pathologies and post-surgical recovery. The endeavor utilizes proprietary methodologies, such as myofascial release and muscle activation, to restore quality of life for patients with joint or cardiovascular injuries.

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.

2 Well-positioned to Advance the Endeavor Not Met

The AAO did not reach a full conclusion on this prong as the failure of the first prong was dispositive.

3 On Balance, Beneficial to Waive Job Offer Not Met

The AAO did not reach a full conclusion on this prong as the failure of the first prong was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his specific endeavor. Although the field of physical therapy is important, the petitioner did not provide evidence of a broader impact on the field, significant job creation, or operations in an economically depressed area.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding all three prongs of the Dhanasar framework. The petitioner responded with a more detailed description of the endeavor and an expert opinion letter.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Expert Opinion Letter
Articles Or Publications

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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: 2023-07-19.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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

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