sustained EB-2 NIW Case: Medicine
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 ยง 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.
Criteria Discussed
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