EB-2 NIWHealthcare, clinicalIndividualDecided May 2024Dismissed
Outcome: Dismissed
MAY082024_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Dental surgeon entrepreneur seeks EB-2 classification with national interest waiver for dental practice. AAO affirmed denial, finding petitioner qualified for EB-2 as advanced degree professional and was well-positioned to advance endeavor, but failed to establish national importance required by Dhanasar first prong.
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 · Petitioner established substantial merit of dental surgery business but failed to demonstrate national importance; one dentist employing 28 workers at average wage lacks broad implications rising to national importance level
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner established substantial merit of dental surgery business but failed to demonstrate national importance; one dentist employing 28 workers at average wage lacks broad implications rising to national importance level |
 Well positioned | Not reached / not discussed | Director found petitioner well-positioned but AAO declined to reach given failure on first prong dispositive of appeal |
 Balance favors a waiver | Not reached / not discussed | AAO declined to reach this prong given failure on first prong dispositive of appeal |
A published decision describes one case. It is not legal advice and not a prediction for yours.