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EB-2 NIWHealthcare, clinicalIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP062023_03B5203

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

Our summary

Mental health counselor with advanced degree sought NIW for independent practice. Petitioner argued field importance and her expertise; AAO affirmed denial because proposed solo practice lacked national importance, operating only at individual patient level without business plan, projections, or broader regional or national impact.

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 · Mental health counseling practice lacked national importance; benefits limited to individual patients without broader industry or regional impact.

Criteria

CriterionReadingWhy
Merit and national importanceNot metMental health counseling practice lacked national importance; benefits limited to individual patients without broader industry or regional impact.
Well positionedNot reached / not discussedFirst prong failed; decision reserved analysis of second prong.
Balance favors a waiverNot reached / not discussedFirst prong failed; decision reserved analysis of third prong.

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

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