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EB-2 NIWHealthcare, clinicalEmployerDecided April 2023Sustained

Outcome: Sustained

APR112023_01B5203

Merit and national importanceMetWell positionedMetBalance favors a waiverMet

Our summary

Physician-researcher in urologic oncology with advanced degree seeks EB-2 national interest waiver. Claimed three Dhanasar prongs: substantial merit of clinical and research endeavor, personal positioning to advance it, and balance favoring waiver. AAO sustained appeal, finding all three prongs met based on clinical care contributions, research trajectory, and public health significance.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Merit and national importance · Proposed clinical care and cancer research endeavor has substantial merit and national importance.
  • Well positioned · Education, skills, record of success, and plan demonstrate readiness to advance endeavor.
  • Balance favors a waiver · Advanced STEM degree and research contributions offer value exceeding available U.S. workers.

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceMetProposed clinical care and cancer research endeavor has substantial merit and national importance.
Well positionedMetEducation, skills, record of success, and plan demonstrate readiness to advance endeavor.
Balance favors a waiverMetAdvanced STEM degree and research contributions offer value exceeding available U.S. workers.

A published decision describes one case. It is not legal advice and not a prediction for yours.

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