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EB-2 NIWComputer science and AIIndividualDecided 2018Dismissed

Outcome: Dismissed

AUG142018_04B5203

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

Our summary

Post-doctoral researcher in computer-aided drug discovery sought EB-2 with national interest waiver. AAO found proposed research had substantial merit and national importance but dismissed appeal, holding petitioner not well-positioned to advance business endeavor; insufficient evidence of company interest or investor support.

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 computer-aided drug discovery research has substantial merit and national importance for pharmaceutical industry.

What was missing

  • Well positioned · Past research experience does not establish petitioner well-positioned to start, lead and grow drug development company; insufficient industry interest demonstrated.

Criteria

CriterionReadingWhy
Merit and national importanceMetProposed computer-aided drug discovery research has substantial merit and national importance for pharmaceutical industry.
Well positionedNot metPast research experience does not establish petitioner well-positioned to start, lead and grow drug development company; insufficient industry interest demonstrated.
Balance favors a waiverNot reached / not discussedSecond prong failed; further analysis of balancing factors unnecessary.

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

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