EB-2 NIWHealthcare, clinicalIndividualDecided November 2022Dismissed
Outcome: Dismissed
NOV142022_02B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot met
Our summary
Dental surgeon seeking NIW for advanced degree EB-2 to establish dental clinic. AAO dismissed appeal, finding proposed endeavor lacks national importance, petitioner not well positioned to advance it given focus on esthetician work, and labor shortage insufficient to balance waiver factors.
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 dental clinic lacks broader implications for field; no evidence of potential to impact dental health beyond local operations.
- Well positioned · Petitioner pursuing esthetician rather than dentist licensure; established spa business but no dental business plan, earnings projections, or staffing details.
- Balance favors a waiver · Labor shortage alone insufficient when endeavor lacks national importance and petitioner not well positioned; labor certification is appropriate mechanism.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed dental clinic lacks broader implications for field; no evidence of potential to impact dental health beyond local operations. |
 Well positioned | Not met | Petitioner pursuing esthetician rather than dentist licensure; established spa business but no dental business plan, earnings projections, or staffing details. |
 Balance favors a waiver | Not met | Labor shortage alone insufficient when endeavor lacks national importance and petitioner not well positioned; labor certification is appropriate mechanism. |
A published decision describes one case. It is not legal advice and not a prediction for yours.