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EB-2 NIWHealthcare, clinicalIndividualDecided May 2023Dismissed

Outcome: Dismissed

MAY082023_03B5203

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

Our summary

Physical therapist seeking EB-2 NIW to practice physical therapy, focusing on low-income families with disabilities. AAO held DOL Schedule A designation of occupation does not establish national importance; localized benefits to specific individuals do not rise to required national importance level under Dhanasar.

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 · Physical therapy services to small subset of individuals lack broader implications to rise to national importance level

Criteria

CriterionReadingWhy
Merit and national importanceNot metPhysical therapy services to small subset of individuals lack broader implications to rise to national importance level
Well positionedNot reached / not discussedNot reached because first prong failed
Balance favors a waiverNot reached / not discussedNot reached because first prong failed

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

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