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EB-2 NIWHealthcare, clinicalEmployerDecided June 2024Dismissed

Outcome: Dismissed

JUN182024_02B5203

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

Our summary

A nurse sought NIW under EB-2. The AAO dismissed, finding that while her nursing endeavor had substantial merit, she failed to establish national importance because individual patient care lacks prospective impact on the nursing field or healthcare industry more broadly.

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 · Substantial merit was established, but national importance failed; nursing work lacking documented impact beyond individual patients does not satisfy national importance prong.

Criteria

CriterionReadingWhy
Merit and national importanceNot metSubstantial merit was established, but national importance failed; nursing work lacking documented impact beyond individual patients does not satisfy national importance prong.
Well positionedNot reached / not discussedFirst prong failure is dispositive; AAO declined to reach second prong per INS v. Bagamasbad.
Balance favors a waiverNot reached / not discussedFirst prong failure is dispositive; AAO declined to reach third prong per INS v. Bagamasbad.

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

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