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EB-2 NIWHealthcare, clinicalIndividualDecided April 2023Dismissed

Outcome: Dismissed

APR282023_01B5203

Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

Dentist seeking NIW for EB-2 advanced degree classification to operate clinic in underserved region. Claimed endeavor addresses shortage of dental services and has economic benefits. AAO dismissed appeal, finding individual dental practice lacks national importance required by first Dhanasar prong.

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

  • Merit and national importance · Work of single dentist does not achieve national significance; professional shortage alone insufficient under Dhanasar.

Criteria

CriterionReadingWhy
Merit and national importanceNot metWork of single dentist does not achieve national significance; professional shortage alone insufficient under Dhanasar.
Well positionedNot reached / not discussedFirst prong failed; second prong analysis reserved as unnecessary to result.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong analysis reserved as unnecessary to result.

A published decision describes one case. It is not legal advice and not a prediction for yours.

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