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EB-2 NIWHealthcare, clinicalIndividualDecided August 2023Dismissed

Outcome: Dismissed

AUG072023_02B5203

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

Our summary

Occupational therapist entrepreneur seeking EB-2 NIW for women's wellness and massage clinic claimed national importance based on small business, preventive healthcare, and job creation. AAO held specific endeavor lacks national importance because it would serve regional clientele only without broader field implications, and projected revenues and employment figures insufficient to demonstrate substantial economic effects.

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 wellness clinic for pregnant and postpartum women lacks national importance; limited to regional Virginia area with no broader industry implications despite job creation projections.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed wellness clinic for pregnant and postpartum women lacks national importance; limited to regional Virginia area with no broader industry implications despite job creation projections.
Well positionedNot reached / not discussedNot reached because first prong failed; analysis of second prong would serve no meaningful purpose.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; analysis of third prong would serve no meaningful purpose.

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

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