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EB-2 NIWHealthcare, clinicalIndividualDecided December 2024Dismissed

Outcome: Dismissed

DEC192024_07B5203

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

Our summary

A hemodialysis nurse sought EB-2 classification with a national interest waiver for her proposed mobile dialysis service company. The AAO affirmed denial, finding the endeavor showed substantial merit addressing kidney disease but lacked the national importance required under Dhanasar because it would not impact the field broadly or generate substantial economic effects beyond serving her own patients.

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 showed substantial merit of kidney dialysis need but failed to demonstrate national importance; proposed mobile dialysis services lack broader implications beyond benefiting her patients

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner showed substantial merit of kidney dialysis need but failed to demonstrate national importance; proposed mobile dialysis services lack broader implications beyond benefiting her patients
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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