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dismissed EB-2 (NIW)

Physical Therapist

Physiotherapy Field And Healthcare Industry · Brazil · 2024-07-08

Decision Date
2024-07-08
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 establish a company providing clinical physiotherapy and post-surgical rehabilitation services, including functional training and tailored physical therapy plans. The work focuses on motor rehabilitation for stroke and elderly patients, respiratory therapy for post-ICU recovery, and cardiorespiratory physical therapy.

Framework Evaluation

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

The endeavor has substantial merit in the health field but fails to demonstrate national importance beyond a local business scale.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not satisfy Prong 1 of the Dhanasar framework. Specifically, the proposed local clinic was found to lack national importance as there was no evidence of significant job creation (only 10 employees projected), impact on an economically depressed area, or broader influence on the physiotherapy field beyond local clients.

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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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: 2024-07-08.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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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