EB-2 NIWHealthcare, clinicalIndividualDecided September 2023Dismissed
Outcome: Dismissed
SEP052023_03B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Physical therapist and entrepreneur seeking EB-2 NIW to develop and operate physical therapy clinic in Florida with expansion plans. Petitioner submitted business plan claiming national importance through job creation and economic impact. AAO dismissed appeal, finding petitioner failed to establish national importance of specific endeavor and was not well positioned to advance it.
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 physical therapy clinic lacks national importance; lacks evidence of significant potential to employ workers or substantial positive economic effects
- Well positioned · Petitioner failed to establish she is well positioned to advance proposed endeavor; unclear what specific endeavor petitioner intends to pursue
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed physical therapy clinic lacks national importance; lacks evidence of significant potential to employ workers or substantial positive economic effects |
 Well positioned | Not met | Petitioner failed to establish she is well positioned to advance proposed endeavor; unclear what specific endeavor petitioner intends to pursue |
 Balance favors a waiver | Not reached / not discussed | AAO reserved opinion on third prong because first and second prongs failed |
A published decision describes one case. It is not legal advice and not a prediction for yours.