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EB-2 NIWHealthcare, clinicalIndividualDecided June 2022Dismissed

Outcome: Dismissed

JUN152022_01B5203

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

Our summary

A physical therapist seeks NIW for EB-2, proposing to support physiotherapy needs at hospitals and clinics. The AAO dismissed, finding the specific endeavor lacks national importance and the petitioner is not well-positioned to advance it, lacking evidence of U.S. physical therapy licensure or qualification at filing.

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 employment as physical therapist lacks national importance; providing care at a single healthcare facility does not have national or global field implications or substantial positive economic effects.
  • Well positioned · Petitioner did not establish she held a license to practice physical therapy in the United States or qualified to obtain one at time of filing.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed employment as physical therapist lacks national importance; providing care at a single healthcare facility does not have national or global field implications or substantial positive economic effects.
Well positionedNot metPetitioner did not establish she held a license to practice physical therapy in the United States or qualified to obtain one at time of filing.
Balance favors a waiverNot reached / not discussedNot reached because first and second prongs failed; no need to address third prong.

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

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