EB-2 NIWLife sciences and medicineIndividualDecided December 2023Dismissed
Outcome: Dismissed
DEC142023_03B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A physiologist sought NIW classification to advance their exercise physiology career in the United States. The AAO dismissed, finding the proposed endeavor failed both the national importance prong (no demonstrated global or broad field impact) and the positioning prong (insufficient evidence of defined work, location, and committed support).
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 · Record lacks evidence that advancing petitioner's exercise physiology career has national or global implications within the field or broader economic effects.
- Well positioned · Record lacks documents defining proposed work location and committed financial or other support; insufficient documentation of business plan and client interest.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Record lacks evidence that advancing petitioner's exercise physiology career has national or global implications within the field or broader economic effects. |
 Well positioned | Not met | Record lacks documents defining proposed work location and committed financial or other support; insufficient documentation of business plan and client interest. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first and second prongs failed; decision reserved judgment on third prong. |
A published decision describes one case. It is not legal advice and not a prediction for yours.