Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Medicine (2009): the petition was not approvable at the time of filing
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Decision Summary
The appeal was dismissed because the petition was not approvable at the time of filing. The required public interest attestation letter from the Minnesota Department of Health was dated one day after the petition was filed, failing to meet the regulatory requirement that the letter be dated within the six months prior to the filing date. The AAO rejected the petitioner's argument that this was a 'minor technicality' and affirmed that all regulatory requirements must be met as of the filing date.
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Public Interest Attestation Letter Timing
📄 Original decision (USCIS PDF)
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