EB-2 NIWHealthcare, clinicalIndividualDecided June 2023Dismissed
Outcome: Dismissed
JUN062023_06B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Physician sought EB-2 with national interest waiver to practice geriatric medicine. AAO affirmed denial on two grounds. Petitioner failed to show national importance of general practice and did not demonstrate being well-positioned to advance the endeavor. Material amendment concerning clinic ownership was impermissible.
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 · Petitioner's general practice and geriatric work lacks prospective impact on field broadly; too localized
- Well positioned · Petitioner lacks entrepreneurial experience and insufficient evidence of physician qualifications for proposed endeavor
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner's general practice and geriatric work lacks prospective impact on field broadly; too localized |
 Well positioned | Not met | Petitioner lacks entrepreneurial experience and insufficient evidence of physician qualifications for proposed endeavor |
 Balance favors a waiver | Not reached / not discussed | Not reached because first and second prongs failed |
A published decision describes one case. It is not legal advice and not a prediction for yours.