EB-2 NIWHealthcare, clinicalIndividualDecided July 2024Dismissed
Outcome: Dismissed
JUL242024_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A nurse with advanced degree seeks EB-2 classification and national interest waiver to establish a home health care business. The AAO dismissed the appeal, agreeing the petitioner demonstrated substantial merit but failed to show national importance or broader field impact required 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 · Home health care business lacks national importance; endeavor impact limited to specific patients or clients without broader field implications.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Home health care business lacks national importance; endeavor impact limited to specific patients or clients without broader field implications. |
 Well positioned | Not reached / not discussed | Not reached because first prong fails; discretionary analysis unnecessary. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong fails; discretionary analysis unnecessary. |
A published decision describes one case. It is not legal advice and not a prediction for yours.