EB-2 NIWLife sciences and medicineIndividualDecided August 2026Dismissed
Outcome: Dismissed
AUG282026_01B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Microbiologist self-petitioner sought NIW under EB-2. AAO found first prong met and withdrew SCOPS adverse finding, but dismissed on second prong, holding PhD and citation numbers alone insufficient to show she is well-positioned to advance the proposed microbiological research endeavor.
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 · Microbiological research endeavor established as having substantial merit and national importance for societal welfare advancement.
What was missing
- Well positioned · PhD and citation record insufficient; citations show background context use only, not foundational impact; no evidence of government funding or significant role in projects.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Microbiological research endeavor established as having substantial merit and national importance for societal welfare advancement. |
 Well positioned | Not met | PhD and citation record insufficient; citations show background context use only, not foundational impact; no evidence of government funding or significant role in projects. |
 Balance favors a waiver | Not reached / not discussed | Second prong not met; waiver request dismissed on alternative grounds including non-development of AI and lack of urgency due to similar research by others. |
A published decision describes one case. It is not legal advice and not a prediction for yours.