Sustained
EB-2 NIW
EB-2 NIW Sustained — Medicine (2016): the AAO affirmed the director's prior approval of the
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Decision Summary
The AAO affirmed the director's prior approval of the petition, which was reviewed on certification. The decision clarified that the medical examination requirements of INA § 212(a)(5)(B) do not apply to physicians who graduate from accredited medical schools. The petitioner, a Doctor of Osteopathy, met the specific requirements for a physician-based national interest waiver by agreeing to work in a designated health professional shortage area, as supported by a state department of health attestation.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Advanced Degree Physician National Interest Waiver Work In Medically Underserved Area Public Interest Attestation Admissibility Requirements For Physicians (Ina 212(A)(5)(B)) Eligibility Of Doctors Of Osteopathy
📄 Original decision (USCIS PDF)
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