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EB-2 NIWHealthcare, clinicalIndividualDecided November 2023Dismissed

Outcome: Dismissed

NOV092023_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 exceptional ability classification with national interest waiver. The AAO affirmed the service center denial, finding the petitioner did not establish a degree of expertise significantly above that ordinarily encountered. Since the underlying EB-2 qualification failed, the waiver analysis was unnecessary.

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 discussedAppeal dismissed because petitioner failed to qualify for underlying EB-2 exceptional ability classification; first prong not reached
Well positionedNot reached / not discussedNot reached because petitioner did not meet threshold EB-2 exceptional ability requirement
Balance favors a waiverNot reached / not discussedNot reached because petitioner did not meet threshold EB-2 exceptional ability requirement

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

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