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EB-2 NIWHealthcare, clinicalIndividualDecided August 2023Dismissed

Outcome: Dismissed

AUG282023_02B5203

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

Our summary

A physician sought an EB-2 national interest waiver to avoid labor certification for a proposed business venture. The AAO dismissed the appeal, finding the business plan lacked sufficient documentation of national importance, containing only local or company-specific impact without evidence of broader economic or field advancement.

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; impacts only petitioner's company and clients, not broader field or economy.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor lacks national importance; impacts only petitioner's company and clients, not broader field or economy.
Well positionedNot reached / not discussedFirst prong failed; second prong not reached.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached.

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

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