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RemandedEB-2 · Appeal

Not-for-profit acute care hospital

Other / unclear · decided 2021-03-18 · NSC · MAR182021_01B5203

Official PDF on uscis.gov

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not decided

    No finding on this in the appeals office's own words.

  • Prong 1Merit and national importanceNot decided

    No finding on this in the appeals office's own words.

  • Prong 2Well positioned to advance itNot decided

    No finding on this in the appeals office's own words.

  • Prong 3Worth waiving the job offerNot decided

    No finding on this in the appeals office's own words.

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

Summary sentence

Upon further review of the record and the Petitioner's arguments, we remand these proceedings to the Director for further action and the issuance of a new decision. See in text

What the AAO decided

  • Upon further review of the record and the Petitioner's arguments, we remand these proceedings to the Director for further action and the issuance of a new decision. See in text
  • ORDER: The Director's decision is withdrawn. See in text
  • The matter is remanded for further proceedings consistent with the foregoing analysis and entry of a new decision. See in text
Read the full decision (1 page)

Objections found (0)

Automated tags. Each shows the sentence that triggered it.

No catalog objection was detected in the analysis section.

    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (3)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · In Re: 03281101 · Appeal of Nebraska Service Center Decision

    Non-Precedent Decision of the Administrative Appeals Office DATE: MAR. 18, 2021

    Form 1-140, Immigrant Petition for an Advanced Degree Professional The Petitioner, a not-for-profit acute care hospital, seeks to employ the Beneficiary as a I....___.... I Isurgeon and requests classification of the Beneficiary as a member of the professions holding an advanced degree under the second preference immigrant category. Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2). The Director of the Nebraska Service Center denied the petition, concluding that although the Beneficiary is a professional holding the foreign equivalent of an advanced degree, the Beneficiary did not meet the requirements of section 212(a)(5)(B) of the Act, which provides that graduates of medical schools not accredited by a Secretary ofEducation (SOE)-approved accrediting body who are coming to the United States to practice medicine are inadmissible unless they have passed a prescribed medical licensing examination and an English language proficiency test.

    On appeal the Petitioner asserts that the Beneficiary is exempt from these requirements in section 212(a)(5)(B) of the Act by the provision in section 101(a)(41) of the Act which in defining the term "graduates of a medical school" specifically excludes "aliens who are of national or international renown in the field of medicine." The Petitioner claims that the Beneficiary qualifies as a physician ofnational or international renown because he has already been granted H-lB nonimmigrant status on that basis.

    Upon further review of the record and the Petitioner's arguments, we remand these proceedings to the Director for further action and the issuance of a new decision.

    Accordingly, the following order shall be issued.

    ORDER: The Director's decision is withdrawn. The matter is remanded for further proceedings consistent with the foregoing analysis and entry of a new decision.