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dismissed EB-2 (NIW)

Clinical Psychologist And An Entrepreneur

Psychology And Mental Health · 2024-11-20

Decision Date
2024-11-20
Location
Florida, USA
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 manage a psychology clinic in Florida, providing comprehensive psychological care and overseeing other psychologists. She plans to deliver high-quality mental health services and aims to expand by opening additional clinic franchises.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance. Not Met

The proposed endeavor was found to have substantial merit, but the Petitioner failed to demonstrate its national importance, as its impact did not extend beyond individual patients or offer substantial positive economic effects for the country.

2 The noncitizen is well positioned to advance the proposed endeavor. Not Met

USCIS declined to evaluate this prong, as the failure to meet Prong 1 was dispositive of the appeal.

3 On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Not Met

USCIS declined to evaluate this prong, as the failure to meet Prong 1 was dispositive of the appeal.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the first prong of the Dhanasar framework, specifically regarding the national importance of her proposed endeavor. While the endeavor had substantial merit, USCIS found insufficient evidence to show its impact extended beyond individual patients or offered substantial positive economic effects for the country. The business plan projected hiring six employees by year five and anticipated revenue of $601,596, but these figures were not deemed significant enough to demonstrate national importance. USCIS noted that a shortage of healthcare professionals does not automatically render an endeavor nationally important, as such shortages are addressed by the labor certification process.

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success

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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: 2024-11-20.

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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

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