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EB-2 NIWHealthcare, clinicalIndividualDecided August 2024Dismissed

Outcome: Dismissed

AUG262024_06B5203

Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed

Our summary

Clinical and counseling psychologist claiming EB-2 advanced degree with national interest waiver. AAO affirmed denial, holding applicant failed to demonstrate by preponderance of evidence that she is well positioned to advance proposed endeavor under Dhanasar second prong, making waiver ineligible.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Merit and national importance · Director determined endeavor had substantial merit and national importance

What was missing

  • Well positioned · Record did not demonstrate applicant is well positioned to advance endeavor

Criteria

CriterionReadingWhy
Merit and national importanceMetDirector determined endeavor had substantial merit and national importance
Well positionedNot metRecord did not demonstrate applicant is well positioned to advance endeavor
Balance favors a waiverNot reached / not discussedNot reached because first prong failure is dispositive

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

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