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EB-2 NIWHealthcare, clinicalIndividualDecided July 2024Dismissed

Outcome: Dismissed

JUL082024_17B5203

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

Our summary

A physical therapist sought an EB-2 national interest waiver to start a private clinic employing ten workers and addressing professional shortages. The AAO dismissed the appeal, holding that a local business, despite hiring U.S. workers and operating in a profession with labor shortages, lacks the national importance required under Dhanasar because the endeavor's impact does not extend beyond its client base.

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 · Local physical therapy business without evidence of economic depression, significant employment, or field-wide impact lacks national importance.

Criteria

CriterionReadingWhy
Merit and national importanceNot metLocal physical therapy business without evidence of economic depression, significant employment, or field-wide impact lacks national importance.
Well positionedNot reached / not discussedNot reached; first prong dispositive, second and third prongs reserved.
Balance favors a waiverNot reached / not discussedNot reached; first prong dispositive, second and third prongs reserved.

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

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