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dismissed EB-2 (NIW)

Physical Fitness Specialist And Entrepreneur

Wellness Consultancy · 2024-09-30

Decision Date
2024-09-30
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 operate a wellness consultancy company focused on empowering families and individuals by fostering healthy lifestyle habits through expert nutritional guidance and tailored exercise programs. The company aims to address barriers to physical activity by providing personalized, flexible, and budget-friendly online services.

Framework Evaluation

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

The endeavor was found to have substantial merit, but the petitioner failed to demonstrate national importance, as its impact was not shown to extend beyond a client base to the broader U.S. industry or address national issues like obesity on a significant scale.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under Dhanasar Prong 1. While the endeavor had substantial merit, USCIS found no evidence that it would impact the U.S. physical fitness and health industry broadly or meaningfully address obesity rates on a national scale, beyond a client base. The second and third prongs were not evaluated.

Evidence

Evidence Types
Reference Letters Independent
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: 2024-09-30.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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