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 Doctor of Osteopathic Medicine, worked full-time as a pediatric hospitalist/resident physician in HHS-designated health professional shortage areas in Florida, seeking a physician national interest waiver under INA 203(b)(2)(B)(ii).
Field: pediatric medicine (osteopathic) · Read the decision (uscis.gov)
EB-2 threshold — addressed
Petitioner's Doctor of Osteopathic Medicine degree from an AOA-accredited school satisfied the advanced-degree professional membership requirement.
How the evidence was treated
- degree · credited
- recommendation letter · credited
- resume experience · credited
- other · credited
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Notable
This case does not apply the Dhanasar/NYSDOT discretionary national-interest test; it concerns the mandatory statutory physician national interest waiver under INA 203(b)(2)(B)(ii) for physicians serving in HHS-designated shortage areas. The AAO, reviewing on certification of an approved petition, resolved a threshold legal dispute about whether osteopathic medical schools are 'accredited' under 8 C.F.R. 204.12 and INA 212(a)(5)(B), correcting the Director's factual error that no accrediting body for osteopathic schools exists, and affirmed the approval.
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 Otiende
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