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EB-2 NIWBiotech and pharmaEmployerDecided April 2024Sustained

Outcome: Sustained

APR122024_01B5203

Merit and national importanceMetWell positionedMetBalance favors a waiverMet

Our summary

A researcher in cancer therapeutics using biotechnology tools sought EB-2 national interest waiver. The AAO sustained the appeal, finding the proposed research demonstrated substantial merit and national importance, the petitioner was well positioned to advance it, and on balance waiving the job offer would benefit the United States.

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 · Biotechnology cancer research demonstrated substantial merit and national importance with expert support letters.
  • Well positioned · Education, skills, and experience positioned petitioner to advance cancer therapeutics research endeavor.
  • Balance favors a waiver · On balance, waiving job offer and labor certification beneficial to United States.

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceMetBiotechnology cancer research demonstrated substantial merit and national importance with expert support letters.
Well positionedMetEducation, skills, and experience positioned petitioner to advance cancer therapeutics research endeavor.
Balance favors a waiverMetOn balance, waiving job offer and labor certification beneficial to United States.

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

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