Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Exercise Physiologist / Wellness Specialist

Physiotherapy / Wellness · Brazil · 2023-09-07

Decision Date
2023-09-07
Location
Massachusetts
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 wellness company in the United States providing personalized fitness, Pilates, massage, and rehabilitation services. The work focuses on improving mobility and quality of life for patients suffering from chronic pain, movement difficulties, and cancer, specifically targeting veterans and the elderly.

Framework Evaluation

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

The endeavor has substantial merit in health but lacks national importance as its impact is limited to a small number of patients.

2 Well Positioned to Advance the Endeavor Not Met

The Director found this prong unmet, and the AAO did not overturn this finding.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong unmet, and the AAO did not overturn this finding.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor under the first Dhanasar prong. While the work has merit, the record lacked operational details such as a business plan, revenue projections, or job creation estimates to show broader economic impact. Additionally, evidence submitted regarding 2021 legislation and government initiatives was disregarded as it post-dated the 2020 filing date.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a NOID regarding the three prongs; the petitioner responded with additional statements and support letters which were found insufficient.

RFE Targets
Substantial Merit and National ImportanceWell Positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

Similar Cases

Others

Healthcare

USCIS EB-2 (NIW) rfe dismissed
2025-04-07
The petitioner proposes to operate a wellness clinic to promote exercise physiology as a fundamental component for treating chronic and complex health conditions. She aims to collaborate with insurance companies and healthcare providers to integrate physical activity into standard healthcare models.

Others

Healthcare

USCIS EB-2 (NIW) dismissed
2024-03-07
The petitioner proposes to work as an exercise physiologist focusing on the rehabilitation of musculoskeletal injuries and diseases. He intends to create tailored exercise programs for healthy and vulnerable populations, evaluating metrics such as posture, movement, flexibility, and cardio-respiratory fitness.

Others

Healthcare

USCIS EB-2 (NIW) rfe dismissed
2023-10-05
The petitioner proposes to operate a fitness company featuring bodybuilding, dance, and team sports, offering individual and group exercise classes for individuals of all ages and fitness levels, including those with special needs, disabilities, and chronic health conditions.

Physical Therapist

Healthcare

USCIS EB-2 (NIW) dismissed
Florida 2024-06-14
The petitioner proposes to establish a health and wellness clinic business in Florida, serving as its chief physiotherapy officer and clinic manager. The business would focus on preventative care, community wellness, and treatments to maximize recovery and enhance physical wellness for the elderly and working populations.

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

More dismissed cases More Healthcare cases More cases from Brazil

Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-09-07.

Browse all cases

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist