dismissed EB-2 NIW Case: Physical Therapy
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Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that her proposed endeavor was of national importance. The AAO agreed with the Director that while the endeavor had substantial merit, it did not meet the national importance prong of the Dhanasar framework. A key issue was that the petitioner materially changed her proposed endeavor after the filing date in response to an RFE, which is not permitted to retroactively establish eligibility.
Criteria Discussed
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