Dismissed EB-2 NIW

EB-2 NIW Dismissed โ€” Psychiatry (2013): did not establish a waiver of the job offer requirement

๐Ÿ“… 2013-10-21 ๐Ÿ‘ค Organization ๐Ÿ“‚ Psychiatry

Filing your own EB-2 NIW? See how your CV maps to the criteria this decision turned on โ€” free strategy preview.

Get Your Free Strategy Preview โ†’

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.

See how a decision like this gets cited in an EB-2 NIW petition →

Criteria Discussed

Substantial Intrinsic Merit National In Scope Serving National Interest To A Substantially Greater Degree Than A U.S. Worker
๐Ÿ“„ Original decision (USCIS PDF)

Sign up free to download the original PDF

Filing your own EB-2 NIW? Learn from this denial.

Upload your CV and see how your profile maps to the criteria the AAO flagged here โ€” free strategy preview, no credit card.

Map Your CV to These Criteria โ†’

No credit card required.