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EB-2 NIWHealthcare, clinicalEmployerDecided May 2021Dismissed

Outcome: Dismissed

MAY262021_02B5203

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

Our summary

A physician seeking EB-2 classification with NIW qualification proposed medical research combined with clinical practice. The AAO dismissed because the petitioner failed the first Dhanasar prong: the proposed endeavor lacked sufficient national importance, with vague research intentions and minimal documentation insufficient to distinguish from ordinary practice.

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 · Proposed endeavor lacks sufficient national importance; vague research plans conflicted with clinical practice emphasis; individual patient treatment does not constitute national importance.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor lacks sufficient national importance; vague research plans conflicted with clinical practice emphasis; individual patient treatment does not constitute national importance.
Well positionedNot reached / not discussedDispositive first prong failure; second prong not reached or analyzed.
Balance favors a waiverNot reached / not discussedDispositive first prong failure; third prong not reached or analyzed.

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

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