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EB-2 NIWHealthcare, clinicalEmployerDecided May 2021Remanded

Outcome: Remanded

MAY142021_01B5203

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

Our summary

Advanced cardiac imaging fellow sought NIW as EB-2 member of professions with advanced degree. Director found her qualified as advanced degree holder but denied NIW. AAO remanded, finding Director failed to properly analyze the three-prong Dhanasar framework, particularly the prospective impact of proposed research and her positioning to advance it.

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

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedDirector's decision lacked adequate analysis of prospective impact; remanded for proper Dhanasar framework application
Well positionedNot reached / not discussedDirector conflated prospective and retrospective impact; remanded for proper second prong analysis
Balance favors a waiverNot reached / not discussedThird prong not reached because first two prongs require further analysis on remand

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

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