EB-2 NIWHealthcare, clinicalIndividualDecided May 2024Dismissed
Outcome: Dismissed
MAY092024_05B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Medical assistant with advanced degree sought EB-2 national interest waiver. AAO dismissed appeal on independent grounds: medical assistant position does not meet the statutory definition of profession; additionally, proposed endeavor lacked national importance as it would not impact medical field broadly.
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 · Medical assistant work lacks national importance; does not impact field broadly, limited to employer and patients.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Medical assistant work lacks national importance; does not impact field broadly, limited to employer and patients. |
 Well positioned | Not reached / not discussed | Not reached; occupation of medical assistant does not qualify as profession under EB-2 definition, and first Dhanasar prong failed. |
 Balance favors a waiver | Not reached / not discussed | Not reached; occupation of medical assistant does not qualify as profession under EB-2 definition, and first Dhanasar prong failed. |
A published decision describes one case. It is not legal advice and not a prediction for yours.