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dismissed EB-2 (NIW) RFE Issued

Physical Therapist Specialist

Physical Therapist Specialist · 2025-01-06

Decision Date
2025-01-06
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 initially proposed to work as a physical therapist specialist. Later, in response to an RFE, the petitioner submitted a new statement and business plan claiming an intent to start her own company specializing in comprehensive home care services, which was deemed an impermissible material change.

Framework Evaluation

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

The Director determined that the evidence did not sufficiently show the Petitioner's future work as a physical therapist specialist would have national or global implications, would impact a matter that a government entity described as having national importance or is the subject of national initiatives, or would have other substantial positive economic effects as claimed.

Why This Petition Was Denied

The appeal was dismissed for two main reasons. First, the petitioner failed to establish eligibility for the underlying EB-2 advanced degree professional classification because a Doctor of Physical Therapy (DPT) degree is customarily required for the specialty, and the petitioner only demonstrated holding the foreign equivalent of a bachelor's degree and a graduate certificate. Second, regarding the national interest waiver, the petitioner failed to establish the national importance (Dhanasar Prong 1) of her initially proposed endeavor as a physical therapist specialist. The subsequent proposed endeavor of starting a home care services company was rejected as an impermissible material change.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE prompted the petitioner to submit a new statement and business plan proposing a different endeavor (starting a home care services company) than the one initially filed (working as a physical therapist specialist). This response was deemed an impermissible material change and did not address the national importance of the initial endeavor.

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

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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: 2025-01-06.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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