Skip to content
Merito
← Back to results
EB-2 NIWHealthcare, clinicalEmployerDecided September 2023Dismissed

Outcome: Dismissed

SEP282023_13B5203

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

Our summary

Physiotherapist sought EB-2 NIW. Director found substantial merit and second prong established but national importance absent. Petitioner reiterated same evidence and arguments on appeal without new support. AAO affirmed national importance was not established; benefits limited to specific institution.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Well positioned · Director found petitioner well-positioned; AAO did not disturb this finding.

What was missing

  • Merit and national importance · Proposed endeavor lacked national importance; benefits limited to single institution or locality, not field-broad impact.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor lacked national importance; benefits limited to single institution or locality, not field-broad impact.
Well positionedMetDirector found petitioner well-positioned; AAO did not disturb this finding.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed.

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

Similar decisions

Decisions whose text is closest to this one.