dismissed EB-2 (NIW) RFE Issued
Physiotherapist
Physiotherapy · Brazil · 2024-09-16
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, a physiotherapist, proposed to work in the United States within her field of expertise, specifically in cardiorespiratory, orthopedics, and neurological physiotherapy.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner did not establish possession of a U.S. equivalent baccalaureate degree or five years of progressive experience. The AAO found material conflicts between her current claims and prior DS-160 filings where she claimed to be a gas station owner and a homemaker. A finding of willful misrepresentation was entered under section 212(a)(6)(C)(i) of the Act.
Request for Evidence (RFE)
Unsuccessfully AddressedThe Director requested evidence to establish eligibility for a national interest waiver. The Petitioner provided additional employment letters and specialization certificates, but the petition was ultimately denied.
RFE Targets
prong 1prong 2prong 3
Evidence
Evidence Types
Reference Letters Dependent
Awards
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-16.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Evidence Types 2
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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