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EB-2 NIWLife sciences and medicineEmployerDecided August 2023Sustained

Outcome: Sustained

AUG082023_02B5203

Merit and national importanceMetWell positionedMetBalance favors a waiverMet

Our summary

Veterinary researcher with PhD sought NIW for EB-2 to continue infectious disease and antibiotic-resistance research. AAO sustained appeal, finding all three Dhanasar prongs met: proposed endeavor of substantial merit and national importance, petitioner well positioned to advance it, and waiver beneficial to 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 · Veterinary research on infectious diseases and antibiotic resistance demonstrated national importance via CDC and White House evidence.
  • Well positioned · PhD education, established research record, postdoctoral position, and demonstrated success in related endeavors showed positioning to advance.
  • Balance favors a waiver · STEM degree, national importance of antibiotic resistance research, prior success, and interest from other researchers and agencies justified waiver.

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceMetVeterinary research on infectious diseases and antibiotic resistance demonstrated national importance via CDC and White House evidence.
Well positionedMetPhD education, established research record, postdoctoral position, and demonstrated success in related endeavors showed positioning to advance.
Balance favors a waiverMetSTEM degree, national importance of antibiotic resistance research, prior success, and interest from other researchers and agencies justified waiver.

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

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