dismissed EB-2 NIW Case: Healthcare
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Decision Summary
The appeal was dismissed because the petitioner made an impermissible material change to the petition after filing. The petitioner initially claimed their proposed endeavor was as a surgeon and ENT specialist, but later changed it to that of a psychiatrist in response to an RFE. The AAO found that eligibility must be established at the time of filing and the new endeavor could not be considered, thus the petitioner failed to establish the merits of the originally proposed endeavor.
Criteria Discussed
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