EB-2 NIWHealthcare, clinicalEmployerDecided 2017Dismissed
Outcome: Dismissed
JUL262017_01B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Plastic surgeon appealed EB-2 national interest waiver denial under Dhanasar framework. Met first prong (substantial merit and national importance of proposed research). Failed second prong: insufficient evidence he was well-positioned to advance endeavor; lacks documentation of impact or reputation in field.
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
- Merit and national importance · Research to improve plastic surgery techniques documented as having substantial merit and national importance
What was missing
- Well positioned · No documentation that petitioner developed claimed techniques; research not shown to be frequently cited or to have affected clinical practice
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Research to improve plastic surgery techniques documented as having substantial merit and national importance |
 Well positioned | Not met | No documentation that petitioner developed claimed techniques; research not shown to be frequently cited or to have affected clinical practice |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed second prong; further discussion of balancing factors not meaningful |
A published decision describes one case. It is not legal advice and not a prediction for yours.