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EB-2 NIWHealthcare, clinicalEmployerDecided December 2023Dismissed

Outcome: Dismissed

DEC152023_02B5203

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

Our summary

An orthopedic and trauma physician sought EB-2 classification with national interest waiver for teaching and treating patients. The AAO found the endeavor had substantial merit but lacked national importance because it would not broadly impact the medical field beyond his immediate students and patients.

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 · Proposed endeavor of substantial merit relating to medical field and furthering human knowledge

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceMetProposed endeavor of substantial merit relating to medical field and furthering human knowledge
Well positionedNot reached / not discussedNot reached because petitioner failed substantial merit and national importance prong
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed first prong of Dhanasar framework

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

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