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EB-2 NIWHealthcare, clinicalIndividualDecided May 2024Dismissed

Outcome: Dismissed

MAY292024_01B5203

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

Our summary

A nurse sought EB-2 classification, as an advanced degree professional or an individual of exceptional ability, together with a national interest waiver. The AAO dismissed the appeal because the nurse met neither EB-2 category, with no showing of expertise above the ordinary, and so did not reach the waiver framework.

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 discussedDhanasar analysis reserved because the petitioner failed the threshold EB-2 classification requirements.
Well positionedNot reached / not discussedNot reached; ineligibility for EB-2 classification was dispositive.
Balance favors a waiverNot reached / not discussedNot reached; ineligibility for EB-2 classification was dispositive.

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

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