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dismissed EB-2 (NIW) RFE Issued

Physical Therapist And Entrepreneur

Physical Therapy · 2024-07-30

Decision Date
2024-07-30
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 entrepreneur in the United States, including opening her own physical therapy business. The endeavor aims to provide healthcare services to clients, including the elderly and individuals with disabilities, while contributing to the economy through job creation.

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 substantial economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the national importance element of Dhanasar's first prong. While she projected creating 38 jobs and $7.8 million in wages over five years, she provided insufficient basis for these metrics and failed to show impact beyond her local area of operations.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE to address deficiencies in the initial filing regarding eligibility for the national interest waiver; the petitioner responded with additional evidence including a business plan and industry reports.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-07-30.

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

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