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EB-2 NIWHealthcare, clinicalIndividualDecided May 2021Dismissed

Outcome: Dismissed

MAY122021_05B5203

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

Our summary

A reconstructive surgeon sought NIW under EB-2 for proposed clinical and surgical practice. AAO dismissed the appeal, finding the proposed endeavor has substantial merit but lacks national importance because petitioner failed to demonstrate broader field impact or significant economic benefits beyond individual geographic areas.

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 · AAO concluded proposed reconstructive surgery practice has substantial merit but lacks national importance; geographic focus insufficient without demonstrating broader field impact.

Criteria

CriterionReadingWhy
Merit and national importanceNot metAAO concluded proposed reconstructive surgery practice has substantial merit but lacks national importance; geographic focus insufficient without demonstrating broader field impact.
Well positionedNot reached / not discussedAAO failed first Dhanasar prong; second prong not analyzed per standard NIW procedure.
Balance favors a waiverNot reached / not discussedAAO failed first Dhanasar prong; third prong not analyzed per standard NIW procedure.

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

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