dismissed EB-2 NIW Case: Psychiatry
Decision Summary
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer requirement would be in the national interest of the United States. The petitioner argued that there is a shortage of psychiatrists with the beneficiary's specific advanced training, but the AAO noted that workforce shortages are not sufficient grounds for granting a national interest waiver under the NYSDOT framework and that unsupported assertions from counsel do not constitute evidence.
Criteria Discussed
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.