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EB-2 NIWHealthcare, clinicalIndividualDecided June 2022Dismissed

Outcome: Dismissed

JUN012022_01B5203

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

Our summary

Registered nurse sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding petitioner demonstrated substantial merit but failed to establish national importance under first prong of Dhanasar framework. General nursing shortage does not render specific proposed endeavor nationally important; no documented innovations or broader implications for healthcare field shown.

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 · Proposed nursing endeavor did not demonstrate national importance; work limited to immediate employer and patients without broader field impact

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed nursing endeavor did not demonstrate national importance; work limited to immediate employer and patients without broader field impact
Well positionedNot reached / not discussedFirst prong failed; appellate arguments on remaining prongs reserved and not analyzed
Balance favors a waiverNot reached / not discussedAppellate arguments regarding this issue reserved; not reached due to failure on first prong

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

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