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EB-2 NIWHealthcare, clinicalIndividualDecided December 2022Dismissed

Outcome: Dismissed

DEC162022_01B5203

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

Our summary

Physical therapist sought NIW for EB-2 classification to operate therapy clinic in Florida. AAO dismissed appeal, finding petitioner failed to identify specific or consistent proposed endeavor and did not establish national importance. Patient care duties lack scale rising to national importance.

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 · Petitioner failed to identify specific proposed endeavor; national importance not established for patient care clinic

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner failed to identify specific proposed endeavor; national importance not established for patient care clinic
Well positionedNot reached / not discussedDecision did not reach second prong after finding first prong failed
Balance favors a waiverNot reached / not discussedDecision did not reach third prong after finding first prong failed

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

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