EB-2 NIWHealthcare, clinicalIndividualDecided January 2024Dismissed
Outcome: Dismissed
JAN052024_05B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Self-petitioner exercise physiologist seeks national interest waiver for proposed work in adaptive physical education, preventive activity, and weight loss services. AAO held proposed endeavor lacked national importance under Dhanasar first prong because it offered no broader implications beyond applicant's services, thus failing NIW eligibility despite substantial merit.
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 individualized adaptive physical education and training services lack national importance; no broader implications or substantial economic effects
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed individualized adaptive physical education and training services lack national importance; no broader implications or substantial economic effects |
 Well positioned | Not reached / not discussed | Director found this met but AAO did not reach it; decision reserved this issue after first prong failed |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; decision reserved this issue |
A published decision describes one case. It is not legal advice and not a prediction for yours.