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EB-2 NIWHealthcare, clinicalIndividualDecided June 2024Dismissed

Outcome: Dismissed

JUN072024_05B5203

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

Our summary

A speech therapist with 23 years of experience seeking EB-2 with national interest waiver to provide specialized services to Hispanic-Latino populations. AAO vacated denial of advanced degree eligibility but affirmed NIW denial because petitioner failed to show national importance; shortage of healthcare workers and personal patient care were insufficient without evidence of broader field impact or substantial economic effects.

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 established substantial merit; AAO found no national importance because endeavor lacks broader field impact and failed to quantify employment or economic effects

Criteria

CriterionReadingWhy
Merit and national importanceNot metDirector established substantial merit; AAO found no national importance because endeavor lacks broader field impact and failed to quantify employment or economic effects
Well positionedNot reached / not discussedNot reached because first prong failed; would fall under second prong analysis
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; agency does not make purely advisory findings

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

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