Outcome: Dismissed
APR182025_01B5203
Our summary
A microbiologist with advanced degree sought EB-2 national interest waiver for genetic research on foodborne pathogens and antimicrobial resistance. The AAO affirmed he met the first two Dhanasar prongs but dismissed because he failed to establish the national interest in his contributions was urgent enough to justify waiving labor certification requirements.
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 research into foodborne pathogen genetics and antimicrobial resistance has substantial merit and national importance in STEM.
- Well positioned · Education, support letters, and publication record demonstrate ability to advance proposed research endeavor.
What was missing
- Balance favors a waiver · Although first two prongs met, petitioner did not show impracticality of job offer or that national interest sufficiently urgent to waive labor certification.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Proposed research into foodborne pathogen genetics and antimicrobial resistance has substantial merit and national importance in STEM. | |
| Met | Education, support letters, and publication record demonstrate ability to advance proposed research endeavor. | |
| Not met | Although first two prongs met, petitioner did not show impracticality of job offer or that national interest sufficiently urgent to waive labor certification. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
