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EB-2 NIWHealthcare, clinicalIndividualDecided February 2024Dismissed

Outcome: Dismissed

FEB272024_08B5203

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

Our summary

An occupational therapist and entrepreneur from Brazil seeks NIW for EB-2 to establish a rehabilitation clinic. She met the advanced degree requirement but failed to demonstrate national importance of her specific proposed endeavor, only showing substantial merit. The AAO affirmed dismissal.

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 · Proposed rehabilitation clinic has substantial merit but lacks national importance; endeavor lacks implications beyond individual business

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed rehabilitation clinic has substantial merit but lacks national importance; endeavor lacks implications beyond individual business
Well positionedNot reached / not discussedNot reached because first prong failed; decision reserved second and third prongs
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; decision reserved second and third prongs

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

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