Skip to content
Merito
← Back to results
EB-2 NIWHealthcare, clinicalIndividualDecided July 2023Dismissed

Outcome: Dismissed

JUL182023_04B5203

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

Our summary

Surgeon with Brazilian medical license seeks NIW for EB-2 to work at U.S. clinical foundation. AAO affirmed denial because proposed clinical role lacked national importance. Work described typical surgeon duties without demonstrating broader medical field impact.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Well positioned · Director found petitioner well-positioned; AAO does not dispute this finding

What was missing

  • Merit and national importance · Proposed clinical work lacks national importance; typical surgeon duties do not establish broad field impact

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed clinical work lacks national importance; typical surgeon duties do not establish broad field impact
Well positionedMetDirector found petitioner well-positioned; AAO does not dispute this finding
Balance favors a waiverNot reached / not discussedFirst prong failed; decision reserves opinion on third prong

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

Similar decisions

Decisions whose text is closest to this one.