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EB-2 NIWHealthcare, clinicalIndividualDecided October 2023Dismissed

Outcome: Dismissed

OCT182023_04B5203

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

Our summary

Physician and obstetrics-gynecology professor sought EB-2 NIW for academic research and teaching at U.S. university. AAO affirmed denial, finding proposed teaching activities lacked national importance despite substantial merit; research showed potential impact but teaching was limited to students and employer, not field-broad implications required by Dhanasar.

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 · Teaching activities lack national importance; academic research has potential but teaching does not impact field broadly

Criteria

CriterionReadingWhy
Merit and national importanceNot metTeaching activities lack national importance; academic research has potential but teaching does not impact field broadly
Well positionedNot reached / not discussedNot reached because first prong fails; dispositive issue identified
Balance favors a waiverNot reached / not discussedNot reached because first prong fails; dispositive issue identified

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

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