EB-2 NIWHealthcare, clinicalIndividualDecided August 2021Dismissed
Outcome: Dismissed
AUG052021_01B5203
Merit and national importanceNot reached / not discussedWell positionedNot metBalance favors a waiverNot met
Our summary
A dentist trained in Brazil sought EB-2 classification as an advanced degree professional with a national interest waiver. The AAO withdrew the finding that the foreign degree was equivalent to a US doctorate and found the petitioner not well positioned to advance the endeavor because he lacked US licensure and was working as a dental assistant. Worker shortage alone does not support a waiver.
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
- Well positioned · Petitioner not licensed to practice dentistry in US; currently employed only as dental assistant
- Balance favors a waiver · General dentist shortage does not justify waiver; petitioner has not shown significant effect on shortage
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Director's determination questioned but not fully explored; other grounds dispositive |
 Well positioned | Not met | Petitioner not licensed to practice dentistry in US; currently employed only as dental assistant |
 Balance favors a waiver | Not met | General dentist shortage does not justify waiver; petitioner has not shown significant effect on shortage |
A published decision describes one case. It is not legal advice and not a prediction for yours.