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EB-2 NIWHealthcare, clinicalIndividualDecided 2021Dismissed

Outcome: Dismissed

MAR252021_02B5203

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

Our summary

Physical therapist with advanced degree sought national interest waiver for a proposed Florida clinic offering physical therapy and fall prevention services. The AAO found the endeavor lacks national importance under Dhanasar; local employment projections and unquantified cost savings insufficient to demonstrate broader implications.

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 physical therapy clinic lacks broader implications; shortage of therapists alone does not establish national importance; modest local economic effects insufficient

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed physical therapy clinic lacks broader implications; shortage of therapists alone does not establish national importance; modest local economic effects insufficient
Well positionedNot reached / not discussedNot reached because first prong failed; Dhanasar framework requires national importance before analyzing remaining prongs
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; no analysis of discretionary balance performed

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

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