dismissed EB-2 NIW Case: Medicine
Decision Summary
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing. The petitioner, a physician, was not working in a federally designated health professional shortage area on the date the petition was filed, a key requirement for the national interest waiver. Although the area was later re-designated, eligibility must be established based on the facts that existed at the time of filing.
Criteria Discussed
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