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EB-2 NIWHealthcare, clinicalIndividualDecided February 2024Dismissed

Outcome: Dismissed

FEB292024_05B5203

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

Our summary

A psychologist sought NIW claiming industry importance and economic welfare impact. AAO held the petitioner failed first prong by conflating field importance with specific endeavor importance, and failed second prong because record did not demonstrate how petitioner was positioned to advance the proposed endeavor.

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 confused field importance with endeavor importance; no evidence of specific endeavor's national or global implications
  • Well positioned · Record insufficient to demonstrate how petitioner would advance proposed endeavor under multifactorial analysis

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner confused field importance with endeavor importance; no evidence of specific endeavor's national or global implications
Well positionedNot metRecord insufficient to demonstrate how petitioner would advance proposed endeavor under multifactorial analysis
Balance favors a waiverNot reached / not discussedPetitioner ineligible under first two prongs; third prong analysis reserved as unnecessary

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

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