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EB-2 NIWHealthcare, clinicalIndividualDecided August 2023Dismissed

Outcome: Dismissed

AUG242023_06B5203

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

Our summary

Physical therapist sought EB-2 with national interest waiver. AAO held proposed endeavor lacked national importance; petitioner materially changed her endeavor between initial filing and RFE response, and field shortage does not establish national importance under Dhanasar framework.

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 lacks national importance; physical therapist shortage alone insufficient; changed proposed endeavor between filing and RFE response

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor lacks national importance; physical therapist shortage alone insufficient; changed proposed endeavor between filing and RFE response
Well positionedNot reached / not discussedNot reached because first prong failed; decision reserved this issue
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; decision reserved this issue

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

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