EB-2 NIWHealthcare, clinicalIndividualDecided March 2025Dismissed
Outcome: Dismissed
MAR202025_02B5203
Merit and national importanceMetWell positionedMetBalance favors a waiverNot met
Our summary
ENT physician with advanced degree seeking NIW for EB-2. AAO found first two Dhanasar prongs met: proposed medical endeavor has national importance and petitioner well-positioned. Failed third prong: insufficient urgency to waive labor certification requirement.
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 · Director and AAO found proposed medical endeavor established both substantial merit and national importance
- Well positioned · AAO withdrew Director's contrary determination; found advanced degree, strong publication and citation record establish capability
What was missing
- Balance favors a waiver · No urgent national interest warranting bypassing labor certification; work could proceed with job offer and certification
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Director and AAO found proposed medical endeavor established both substantial merit and national importance |
 Well positioned | Met | AAO withdrew Director's contrary determination; found advanced degree, strong publication and citation record establish capability |
 Balance favors a waiver | Not met | No urgent national interest warranting bypassing labor certification; work could proceed with job offer and certification |
A published decision describes one case. It is not legal advice and not a prediction for yours.