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EB-2 NIWHealthcare, clinicalIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP132023_03B5203

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

Our summary

A physical therapist with nineteen years experience sought EB-2 advanced degree classification and NIW. AAO dismissed appeal because petitioner impermissibly changed proposed endeavor and initial endeavor lacks national importance; benefits limited to her patients only.

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 materially changed proposed endeavor post-RFE; initial endeavor lacks sufficient specificity and national importance

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner materially changed proposed endeavor post-RFE; initial endeavor lacks sufficient specificity and national importance
Well positionedNot reached / not discussedNot reached because first prong failed on substantial merit and national importance
Balance favors a waiverNot reached / not discussedNot reached because first prong failed on substantial merit and national importance

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

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