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dismissed EB-2 (NIW) RFE Issued

Physician

Primary Care Clinic And Research Institute · 2024-05-15

Decision Date
2024-05-15
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 open and operate a primary care clinic and research institute. The endeavor aims to provide essential healthcare services and conduct clinical trials and research in women's health and family medicine.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but failed to demonstrate national importance or broad impact on the medical field.

2 Well-positioned to Advance the Endeavor Not Met

The Director found the petitioner was not well-positioned, and the AAO reserved further comment as the first prong was not met.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not demonstrate that waiving the labor certification requirement would benefit the U.S. on balance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Specifically, the clinic's impact was limited to individual patients rather than the field at large, and the business plan's projections of 21 jobs, $5,525,025 in wages, and $900,727 in taxes over five years were deemed insufficient and poorly supported to demonstrate substantial national economic effect.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to establish the national importance of the clinic; the petitioner submitted intent letters from investors and patients, but these were rejected as post-filing evidence.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Clinical Deployment
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: 2024-05-15.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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