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EB-2 NIWHealthcare, clinicalIndividualDecided July 2024Dismissed

Outcome: Dismissed

JUL102024_14B5203

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

Our summary

Radiologist and CEO of proposed radiology clinic filed for EB-2 national interest waiver. AAO withdrew Director's determination that endeavor was unrelated to advanced degree, confirming EB-2 eligibility, but dismissed appeal because clinic lacks national importance; clinical practice serving patients and training resident radiologists does not demonstrate sufficient prospective impact under Dhanasar.

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 · Radiology clinic lacks demonstrated prospective impact beyond patient base; no evidence of field advancement or substantial positive economic effects at regional or national level.

Criteria

CriterionReadingWhy
Merit and national importanceNot metRadiology clinic lacks demonstrated prospective impact beyond patient base; no evidence of field advancement or substantial positive economic effects at regional or national level.
Well positionedNot reached / not discussedNot reached because first prong fails; court reserved opinion on second prong.
Balance favors a waiverNot reached / not discussedNot reached because first prong fails; court reserved opinion on third prong.

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

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