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dismissed EB-2 (NIW) RFE Issued

Physiotherapist

Physiotherapist Industry · Brazil · 2023-12-19

Decision Date
2023-12-19
Location
Not stated
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 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.

Framework Evaluation

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

While the endeavor has substantial merit in health, it lacks national importance because it does not have broader implications beyond the immediate employer and patients.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner failed to show a record of success or sufficient progress toward the proposed endeavor beyond basic qualifications.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not demonstrate that the national interest warrants bypassing the labor certification process.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish categorical EB-2 eligibility (lacking proof of an advanced degree or exceptional ability) and failed to satisfy any of the three Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested proof of EB-2 eligibility and evidence for the NIW prongs; the petitioner provided letters and memberships obtained after the filing date.

RFE Targets
eb2 qualificationSubstantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships
Academic Records
Business Plan

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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: 2023-12-19.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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

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