Outcome: Dismissed
AUG102021_03B5203
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
| Criterion | Reading | Why |
|---|---|---|
| Met | Decision found petitioner sufficiently demonstrated substantial merit and national importance of proposed research endeavor | |
| Not met | Insufficient evidence of impact from publications, citations, or presentations to demonstrate advancement capacity | |
| Not reached / not discussed | Second 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.
