EB-2 NIWHealthcare, clinicalIndividualDecided April 2023Dismissed
Outcome: Dismissed
APR142023_02B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A dentist seeking EB-2 NIW as entrepreneur failed to establish five years progressive post-baccalaureate experience through employer letters and failed to submit required labor certification form. Appeal dismissed on independent alternative grounds without reaching NIW analysis.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Waived on appeal; petitioner did not contest director findings on NIW prong |
 Well positioned | Not reached / not discussed | Waived on appeal; petitioner did not contest director findings on NIW prong |
 Balance favors a waiver | Not reached / not discussed | Waived on appeal; petitioner did not contest director findings on NIW prong |
A published decision describes one case. It is not legal advice and not a prediction for yours.