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EB-2 NIWHealthcare, clinicalEmployerDecided November 2023Dismissed

Outcome: Dismissed

NOV032023_01B5203

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

Our summary

Nurse with advanced degree sought EB-2 NIW for clinical nursing role. AAO dismissed appeal because working as a clinical nurse lacks national importance; evidence about nursing shortage addressed field importance, not the specific endeavor's prospective impact. Business plan postdated filing.

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 as clinical nurse lacks national importance; would impact only patients and employer, not broader field

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor as clinical nurse lacks national importance; would impact only patients and employer, not broader field
Well positionedNot reached / not discussedFirst prong failed; second prong not analyzed as decision was dispositive on national importance
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not analyzed as decision was dispositive on national importance

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

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