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EB-2 NIWHealthcare, clinicalIndividualDecided November 2023Dismissed

Outcome: Dismissed

NOV202023_02B5203

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

Our summary

Entrepreneur with advanced degree seeks NIW for mental health clinic in Florida. Director found substantial merit but no national importance; clinic would impact patients and employees only, not industry or field broadly. Petitioner appealed with updated business plan but provided no evidence of economic impact at regional or national level. AAO affirmed; reserved opinion on second and third prongs.

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 · Petitioner established substantial merit but not national importance; mental health clinic with fifteen projected jobs lacks broader field impact

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner established substantial merit but not national importance; mental health clinic with fifteen projected jobs lacks broader field impact
Well positionedNot reached / not discussedFirst prong failed; second prong not reached; issues reserved per precedent
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached; issues reserved per precedent

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

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