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.
The Petitioner, a physician, sought EB-2 classification with a physician-specific national interest waiver of the job offer requirement to work full time in a designated health professional shortage area.
Field: medicine (physician, health professional shortage area) · Read the decision (uscis.gov)
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Notable
This decision does not reach the NIW merits at all. Although the underlying Form I-140 is a physician national interest waiver petition, the appeal turns entirely on whether section 204(c) of the Act (marriage fraud bar) precludes approval; the AAO found substantial and probative evidence that the Petitioner's second marriage was entered into to evade immigration laws and dismissed the appeal on that basis without ever analyzing NIW eligibility (Dhanasar prongs) or the physician shortage-area waiver criteria. The decision also addresses a due-process/NOID procedural argument, rejecting it because the regulation is permissive and the Petitioner was already aware of and had responded to the derogatory marriage-fraud evidence.
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.
- INA 203(b)(2)
- Matter of Ho
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