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EB-2 NIWHealthcare, clinicalIndividualDecided June 2023Dismissed

Outcome: Dismissed

JUN262023_01B5203

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

Our summary

A nurse proposing to own an assisted living facility sought EB-2 national interest waiver. The AAO dismissed her appeal because her specific endeavor lacked national importance: the facility would employ few workers and provide only localized benefits insufficient to demonstrate impact on healthcare industry broadly 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 · Proposed assisted living facility lacks sufficient prospective impact beyond employees and residents to achieve national importance.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed assisted living facility lacks sufficient prospective impact beyond employees and residents to achieve national importance.
Well positionedNot reached / not discussedFirst prong failed; decision reserved analysis of second prong.
Balance favors a waiverNot reached / not discussedFirst prong failed; decision reserved analysis of third prong.

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

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