sustained
EB-2 NIW
sustained EB-2 NIW Case: Hematology-Oncology
Decision Summary
The Director denied the petition, reasoning that the petitioner, a specialty care physician, was ineligible for a physician National Interest Waiver because his practice location was designated as underserved for primary care, not specialty care. The AAO withdrew the Director's decision and approved the petition, determining that medical specialists can be eligible for the physician NIW even when the HHS shortage designation is for primary care physicians.
Criteria Discussed
Physician Niw Medically Underserved Area Health Professional Shortage Area (Hpsa) State Public Health Department Attestation Primary Care Vs Specialty Care
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