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EB-2 NIWHealthcare, clinicalEmployerDecided August 2023Dismissed

Outcome: Dismissed

AUG022023_03B5203

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

Our summary

A physical therapist with advanced degree seeks NIW for employment in functional dermatology and orthopedics. AAO affirmed denial because the proposed endeavor lacks national importance; it benefits patients only, not the physical therapy field or healthcare industry broadly, despite being a meritorious undertaking.

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 · Proposed endeavor has substantial merit but lacks national importance; only benefits patients, not field broadly

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor has substantial merit but lacks national importance; only benefits patients, not field broadly
Well positionedNot reached / not discussedFirst prong failed; second prong analysis reserved for future consideration
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong analysis reserved for future consideration

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

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