dismissed EB-2 (NIW)

Physician And Entrepreneur

Physician And Entrepreneur · 2024-08-08

Decision Date
2024-08-08
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 promote breastfeeding by educating, training, and supporting mothers; engaging in research, publication, and presentation of information regarding breastfeeding; and establishing a non-profit organization to further these goals. This includes the establishment of a nonprofit clinic.

Framework Evaluation

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

The Petitioner established the substantial merit of her proposed endeavor but failed to demonstrate its national importance, as the evidence presented related to the general field of breastfeeding rather than the specific impact of her work.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of her specific proposed endeavor under Dhanasar's first prong. While the substantial merit of the endeavor was acknowledged, the evidence provided (articles on breastfeeding, infant formula, and physician shortages) was deemed to relate to the field in general rather than demonstrating the national importance of the Petitioner's specific activities. The Petitioner did not sufficiently explain how her specific endeavor would increase breastfeeding practice or reduce shortages at a national level, nor did she adequately address the Director's findings regarding the scope of her non-profit clinic.

Evidence

Evidence Types
Articles
Personal Statements
Peer Reviewed Publications
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: 2024-08-08.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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