dismissed EB-2 NIW Case: Medicine
Decision Summary
The appeal was dismissed because the petitioner was not working in a designated Health and Human Services (HHS) shortage area at the time the petition was filed. Although the area had previously been designated and was later re-designated as a shortage area, eligibility must be established at the time of filing. The AAO affirmed the denial as the petitioner did not meet this fundamental requirement for a physician-based national interest waiver.
Criteria Discussed
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