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EB-2 NIWHealthcare, clinicalEmployerDecided December 2023Dismissed

Outcome: Dismissed

DEC192023_01B5203

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

Our summary

A physiotherapist from Brazil seeking EB-2 with national interest waiver. The AAO found the applicant satisfied only one of six exceptional ability criteria and was categorically ineligible for EB-2. The proposed endeavor met substantial merit but not national importance; appeal dismissed on multiple independent grounds.

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 · Physiotherapy endeavor found to have substantial merit

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceMetPhysiotherapy endeavor found to have substantial merit
Well positionedNot reached / not discussedNational importance prong failed; third prong not reached
Balance favors a waiverNot reached / not discussedNational importance 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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