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dismissed EB-2 (NIW) RFE Issued

Physical Therapist And Aesthetician

Physical Therapist And Aesthetician · 2024-04-22

Decision Date
2024-04-22
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 work in the United States as a physical therapist and aesthetician. The endeavor involves providing physical therapy services and aesthetic treatments, though specific research or methodologies were not detailed in the decision.

Framework Evaluation

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

The Director found that the Petitioner was well positioned to advance the proposed endeavor.

2 Substantial Merit and National Importance Not Met

The Director found the endeavor was not of substantial merit or national importance.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for the EB-2 classification as an individual of exceptional ability, meeting only two of the three required criteria (degree and license). The record failed to prove 10 years of full-time experience, professional membership in a qualifying association, or significant contributions to the field, and the Petitioner did not claim exceptional remuneration.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the Petitioner's qualifications for exceptional ability; the Petitioner responded with 2022 letters which were deemed insufficient as they did not establish eligibility at the time of filing.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Professional Memberships
Reference Letters Dependent
Original Contributions

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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: 2024-04-22.

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At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

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

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