EB-2 NIWHealthcare, clinicalIndividualDecided September 2023Dismissed
Outcome: Dismissed
SEP152023_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A healthcare practitioner seeks EB-2 classification with a national interest waiver. The AAO affirmed denial, finding the petitioner materially changed the proposed endeavor in response to an RFE rather than clarifying the original one, and failed to establish the endeavor has substantial merit or national importance under 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 · Petitioner materially changed proposed endeavor in response to RFE and failed to establish national importance of revised endeavor
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner materially changed proposed endeavor in response to RFE and failed to establish national importance of revised endeavor |
 Well positioned | Not reached / not discussed | Decision dispositive on first prong; second prong not reached |
 Balance favors a waiver | Not reached / not discussed | Decision dispositive on first prong; third prong not reached |
A published decision describes one case. It is not legal advice and not a prediction for yours.