This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
A physician sought a national interest waiver under the physician-shortage-area provision to work full-time in clinical medicine, initially as an employee of a company owned by his brother, later found to lack a valid employer-employee relationship.
Field: medicine (clinical medical practice) · Read the decision (uscis.gov)
How the evidence was treated
- other · discounted
“the evidence does not establish his eligibility as an employee of under 8 C.F.R. § 204.12(c)(1)(i)”
AAO decision text - resume experience · discounted
“the evidence does not establish his eligibility as an employee of under 8 C.F.R. § 204.12(c)(1)(i)”
AAO decision text - motion resubmission · credited
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Notable
This case involves the physician shortage-area national interest waiver under section 203(b)(2)(B)(ii)/8 C.F.R. 204.12, not the general Dhanasar three-prong national interest waiver, so no prong analysis occurred. The AAO's prior appellate decision denying eligibility for failure to establish an employer-employee relationship stood; on motion the AAO granted reopening only to withdraw a willful misrepresentation finding based on new affidavit and W-2 evidence, while denying reconsideration as moot and reaffirming that eligibility under 8 C.F.R. § 204.12(c)(1)(i) was not established.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
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