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EB-2 NIWHealthcare, clinicalIndividualDecided 2021Dismissed

Outcome: Dismissed

JUL282021_01B5203

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

Our summary

Nurse practitioner sought NIW for EB-2. Petitioner claimed national importance based on occupation's overall value and COVID-19 pandemic, plus conference attendance and multilingual background. AAO dismissed, finding benefit to individual patients and local conference attendance insufficient to establish national importance; endeavor must have broader implications beyond current employment.

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 · Director found substantial merit but no national importance; AAO agreed individual patient care and conference attendance do not establish national importance

Criteria

CriterionReadingWhy
Merit and national importanceNot metDirector found substantial merit but no national importance; AAO agreed individual patient care and conference attendance do not establish national importance
Well positionedNot reached / not discussedFirst prong failure dispositive; remaining prongs reserved and not analyzed
Balance favors a waiverNot reached / not discussedFirst prong failure dispositive; remaining prongs reserved and not analyzed

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

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