EB-2 NIWHealthcare, clinicalEmployerDecided July 2025Dismissed
Outcome: Dismissed
JUL072025_02B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A physiotherapist sought EB-2 classification with a national interest waiver. The AAO affirmed that the petitioner failed to meet the underlying EB-2 exceptional ability requirement at the final merits stage, despite satisfying three initial criteria. Because eligibility for the underlying classification was not established, NIW analysis was waived and the appeal was dismissed.
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
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Petitioner failed to establish eligibility for underlying EB-2 classification; NIW prongs not analyzed |
 Well positioned | Not reached / not discussed | Not reached because petitioner did not qualify for underlying EB-2 classification |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner did not qualify for underlying EB-2 classification |
A published decision describes one case. It is not legal advice and not a prediction for yours.