EB-2 NIWHealthcare, clinicalIndividualDecided September 2022Dismissed
Outcome: Dismissed
SEP022022_01B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
A physical therapist proposing to operate a business providing physical therapy and Pilates services, with potential cross-border consulting. AAO held that the petitioner failed the first prong by lacking sufficient evidence that the business would impact healthcare broadly or generate substantial economic effects at national level.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Well positioned · Director found petitioner well-positioned to advance proposed endeavor under second Dhanasar prong.
What was missing
- Merit and national importance · Physical therapist failed to demonstrate national importance of proposed business; no evidence of broader field impact or significant job creation potential.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Physical therapist failed to demonstrate national importance of proposed business; no evidence of broader field impact or significant job creation potential. |
 Well positioned | Met | Director found petitioner well-positioned to advance proposed endeavor under second Dhanasar prong. |
 Balance favors a waiver | Not reached / not discussed | Not analyzed because first prong failed; decision noted analysis of third prong unnecessary when another independent issue dispositive. |
A published decision describes one case. It is not legal advice and not a prediction for yours.