dismissed EB-2 (NIW)

Physical Therapist

Physical Therapy / Professional Sports · Brazil · 2023-07-14

Decision Date
2023-07-14
Location
United States
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 for a professional soccer team in the United States. He intends to provide physical therapy services, mentor interns and trainees, and collaborate with equipment companies to provide data for product improvement.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked evidence of national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of his endeavor under the first Dhanasar prong. The record failed to show how his individual work would impact the broader field of physical therapy beyond his specific employer and patients, despite his experience with elite soccer teams and previous research in Brazil.

Evidence

Evidence Types
Reference Letters Dependent
Conference Presentations
Government Alignment

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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: 2023-07-14.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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