EB-2 NIWHealthcare, clinicalIndividualDecided July 2024Dismissed
Outcome: Dismissed
JUL172024_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A dental field professional sought EB-2 NIW classification. The AAO dismissed the appeal because the petitioner inconsistently described their proposed endeavor between the initial petition and RFE response, making it impossible to assess whether the endeavor had substantial merit and national importance, which is required under the first Dhanasar prong.
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's proposed endeavor changed significantly between petition and RFE response, creating ambiguity that prevented analysis of merit and national importance.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner's proposed endeavor changed significantly between petition and RFE response, creating ambiguity that prevented analysis of merit and national importance. |
 Well positioned | Not reached / not discussed | First prong failed; second prong not reached per Dhanasar framework. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third prong not reached per Dhanasar framework. |
A published decision describes one case. It is not legal advice and not a prediction for yours.