EB-2 NIWHealthcare, clinicalIndividualDecided June 2023Dismissed
Outcome: Dismissed
JUN092023_01B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A dentist self-petitioning for NIW sought waiver of job offer for EB-2 advanced degree classification. He proposed buying and expanding a Texas dental clinic. AAO dismissed the appeal, finding while his endeavor had national importance, he was not well positioned to advance it at filing and adjudication because he lacked state licensure until six months after petition filing.
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 · AAO found petitioner established both substantial merit and national importance of proposed dental clinic expansion with medical advances implications
What was missing
- Well positioned · Petitioner did not obtain state dental license until March 2021, more than six months after August 2020 petition filing, and lacked sufficient documentary evidence of positioning at time of filing and adjudication
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | AAO found petitioner established both substantial merit and national importance of proposed dental clinic expansion with medical advances implications |
 Well positioned | Not met | Petitioner did not obtain state dental license until March 2021, more than six months after August 2020 petition filing, and lacked sufficient documentary evidence of positioning at time of filing and adjudication |
 Balance favors a waiver | Not reached / not discussed | Second prong failed; balance analysis not reached |
A published decision describes one case. It is not legal advice and not a prediction for yours.