How common are denied EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the Physical Therapy industry affect EB-2 NIW petition outcomes?

The Physical Therapy sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-2 (NIW) RFE Issued

Physical Therapist And Doula

Physical Therapy · Brazil · 2022-11-04

Decision Date

2022-11-04

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 as a physical therapist and doula in the United States, providing expert advice and treatment to mothers during and after pregnancy. She intends to apply specific rehabilitation protocols for postpartum recovery and change how physical therapists are perceived in delivery rooms.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

While the endeavor has substantial merit in health, it lacks national importance as the impact is limited to individual patients and does not broadly affect the industry.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of her endeavor; her work was found to primarily benefit a small number of individual patients rather than the field or nation broadly. Additionally, the business plan submitted was considered a material change as it was filed two years after the initial petition, and labor shortages in the field were deemed insufficient for a waiver.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence that the prospective impact of the endeavor rises to the level of national importance. The petitioner responded by detailing her methodology and providing a business plan for a therapy clinic.

RFE Targets

Substantial Merit and National Importance

Evidence

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-11-04.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 1

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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