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dismissed EB-2 (NIW) RFE Issued

Physical Therapist

Physical Therapy · 2024-08-05

Decision Date
2024-08-05
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 provide highly necessary, much-needed, and scarce pediatric physical therapy services. This endeavor aims to alleviate long wait times for therapy and prevent the physical decline of young Americans in underserved areas, potentially through a mobile physical therapy company.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

USCIS concluded the Petitioner did not establish the national importance of her proposed endeavor, specifically regarding its potential prospective impact and broader implications, despite plans for job creation.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. Specifically, USCIS found that the Petitioner did not meet the first prong of the Dhanasar framework, as the national importance of her proposed endeavor was not sufficiently demonstrated. While the Petitioner planned to employ five workers, this was not deemed to have a significant potential to employ U.S. workers or have a substantial positive economic effect at a national level.

Request for Evidence (RFE)

Unsuccessfully Addressed

USCIS raised questions regarding the contents of the business plan, specifically relating to proposed hiring and wages, which were deemed insufficient to demonstrate national importance through job creation or economic impact.

RFE Targets
Proposed endeavor has substantial merit and national importance

Evidence

Evidence Types
Reference Letters Independent

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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: 2024-08-05.

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

Related Pages

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

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