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EB-2 NIWHealthcare, clinicalIndividualDecided August 2021Dismissed

Outcome: Dismissed

AUG102021_03B5203

Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed

Our summary

Gastroenterologist sought national interest waiver for EB-2 classification. Petitioner established substantial merit and national importance of proposed research endeavor but failed to demonstrate he was well positioned to advance it through sufficient record of success, impact, or progress. Appeal dismissed.

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 · Decision found petitioner sufficiently demonstrated substantial merit and national importance of proposed research endeavor

What was missing

  • Well positioned · Insufficient evidence of impact from publications, citations, or presentations to demonstrate advancement capacity

Criteria

CriterionReadingWhy
Merit and national importanceMetDecision found petitioner sufficiently demonstrated substantial merit and national importance of proposed research endeavor
Well positionedNot metInsufficient evidence of impact from publications, citations, or presentations to demonstrate advancement capacity
Balance favors a waiverNot reached / not discussedSecond prong failure means third prong analysis would serve no meaningful purpose

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

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