dismissed EB-2 (NIW)
Physical Therapist
Physical Therapist · 2024-09-27
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 seeks second preference immigrant classification as a member of the professions holding an advanced degree, as well as a national interest waiver of the job offer requirement. Her proposed endeavor involves working as a physical therapist.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish eligibility for the underlying EB-2 classification as an advanced degree professional. Specifically, the Petitioner did not prove she held the foreign equivalent of a U.S. bachelor's degree, as the provided credential evaluation was deemed unpersuasive and lacked sufficient explanation. Furthermore, the decision noted that a Doctor of Physical Therapy (DPT) degree is customarily required for physical therapists in the U.S., and the Petitioner did not demonstrate possession of a U.S. doctorate or a foreign equivalent degree.
Evidence
Evidence Types
Foreign Diploma
Transcripts
Certified Translations
Credential Evaluation
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-27.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 4
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687
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