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EB-2 NIWHealthcare, clinicalIndividualDecided September 2024Dismissed

Outcome: Dismissed

SEP162024_01B5203

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

Our summary

A physiotherapist seeking EB-2 NIW classification claimed advanced degree and five years post-baccalaureate experience. The AAO dismissed the appeal, finding willful misrepresentation: inconsistent statements about education and work experience contradicted prior visa proceedings, and petitioner did not respond to notice of intent to dismiss.

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

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedPetitioner did not meet EB-2 threshold; Dhanasar framework not reached due to willful misrepresentation
Well positionedNot reached / not discussedFirst prong failed; second prong not analyzed
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not analyzed

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

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