Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Physical Therapist

Physical Therapy / Healthcare · Brazil · 2022-12-16

Decision Date
2022-12-16
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 initially proposed to work as a physical therapist with a healthcare facility, but later shifted to opening and operating a physiotherapy business in Florida. The endeavor also involved providing guidance to multinational companies on cross-border contracts and expanding into the medical device and foreign investment markets.

Framework Evaluation

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

The petitioner did not establish a consistent endeavor and failed to show the work would impact the field or economy on a national scale.

Why This Petition Was Denied

The petitioner failed the first Dhanasar prong because the proposed endeavor was inconsistent and lacked national importance. The projected creation of five jobs and $268,404 in payroll was deemed insufficient to constitute substantial positive economic effects, and the work was seen as localized patient care rather than impacting the field broadly.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a NOID regarding national importance; the petitioner responded by changing the endeavor to business ownership, which was deemed a material change.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

Similar Cases

Physical Therapist

Healthcare · Brazil

USCIS EB-2 (NIW) rfe dismissed
Florida 2023-08-23
The petitioner proposes to open and operate a physical therapy clinic in Florida to provide expert advice and treatment in areas such as respiratory, musculoskeletal, and geriatric therapy. The endeavor aims to support the recovery of injured, chronic pain, and post-COVID patients while potentially teaching new physical therapists.

Physical Therapist

Healthcare · Brazil

USCIS EB-2 (NIW) rfe dismissed
Not stated 2023-12-19
The petitioner proposes to work as a physiotherapist in the United States, treating patients with sports and orthopedic-related injuries and offering specialized training sessions to transfer knowledge to other U.S. physiotherapists.

Physical Therapist

Healthcare · Brazil

USCIS EB-2 (NIW) dismissed
2024-07-11
The petitioner proposes to work as a physical therapist in hospitals and home care, specializing in Thermography. Her work focuses on neurology, orthopedics, athlete rehabilitation, gerontology, and lecturing to address public health issues like chronic pain and COVID-19 rehabilitation.

Physical Therapist

Healthcare

USCIS EB-2 (NIW) dismissed
Florida 2024-06-24
The petitioner proposes to run a physical therapy clinic in Florida specializing in assessment, pain relief, and rehabilitation services for trauma, paralysis, and stroke recovery. The endeavor includes creating online videos to share treatments and focusing on the healthcare needs of the aging population.

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

More dismissed cases More Healthcare cases More cases from Brazil

Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-12-16.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist