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EB-2 NIWHealthcare, clinicalIndividualDecided June 2023Dismissed

Outcome: Dismissed

JUN222023_03B5203

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

Our summary

Nurse with advanced degree seeks EB-2 NIW for direct patient care or home health service venture. AAO affirmed denial because proposed endeavor lacks national importance; expert nursing services and industry shortage claims do not demonstrate impact beyond specific employer or region.

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

  • Well positioned · Director found petitioner established qualifications under second prong of Dhanasar framework.

What was missing

  • Merit and national importance · Expert nursing advice lacks broader field impact; revised home health service plan lacks substantiated growth projections or job creation evidence.

Criteria

CriterionReadingWhy
Merit and national importanceNot metExpert nursing advice lacks broader field impact; revised home health service plan lacks substantiated growth projections or job creation evidence.
Well positionedMetDirector found petitioner established qualifications under second prong of Dhanasar framework.
Balance favors a waiverNot reached / not discussedNot reached because petitioner fails first prong.

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

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