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dismissed EB-2 (NIW)

Physiotherapist

Physical Therapy Field · 2024-06-14

Decision Date
2024-06-14
Location
Florida
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 health and wellness clinic business in Florida, serving as its chief physiotherapy officer and clinic manager. The business would focus on preventative care, community wellness, and treatments to maximize recovery and enhance physical wellness for the elderly and working populations.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as it does not demonstrate broader implications for the field or significant economic impact.

2 Well-positioned to Advance Endeavor Not Met

The Director found this prong unmet; the AAO reserved judgment but noted the petitioner failed to provide evidence of innovative methodologies.

3 Waiver Benefit to the United States Not Met

The Director found this prong unmet; the AAO did not reach a full analysis as the first prong was not satisfied.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Although the petitioner holds an advanced degree and the endeavor has substantial merit, the projected creation of 43 jobs and $5.4 million in wages over five years was not supported by sufficient evidence to demonstrate a broader national impact.

Evidence

Evidence Types
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: 2024-06-14.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

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