EB-2 NIWLife sciences and medicineIndividualDecided 2018Dismissed
Outcome: Dismissed
AUG072018_01B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Ophthalmologic researcher seeking NIW for EB-2 classification claimed research on retinopathy of prematurity has substantial merit and national importance. AAO found first prong met but dismissed appeal because petitioner failed to demonstrate being well positioned to advance the proposed endeavor through citation frequency, field-wide impact, or community interest.
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 · Research on retinopathy of prematurity diagnosis and treatment has substantial merit and national importance affecting thousands of U.S. infants.
What was missing
- Well positioned · Citation record, broader field impact, and generation of interest among relevant parties insufficient to demonstrate petitioner well positioned to advance endeavor.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Research on retinopathy of prematurity diagnosis and treatment has substantial merit and national importance affecting thousands of U.S. infants. |
 Well positioned | Not met | Citation record, broader field impact, and generation of interest among relevant parties insufficient to demonstrate petitioner well positioned to advance endeavor. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed second prong; third prong analysis unnecessary. |
A published decision describes one case. It is not legal advice and not a prediction for yours.