EB-2 NIWHealthcare, clinicalIndividualDecided 2018Sustained
Outcome: Sustained
AUG312018_01B5203
Merit and national importanceMetWell positionedMetBalance favors a waiverMet
Our summary
Trauma surgeon and cancer researcher seeks EB-2 national interest waiver. Claimed three Dhanasar prongs: substantial merit and national importance of breast cancer research, capability to advance it, and net benefit to United States. AAO sustained appeal, finding all three prongs satisfied by evidence of research impact and petitioner's demonstrated expertise.
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 · Trauma surgeon's research on skin-sparing mastectomies shows substantial merit and potential prospective impact in cancer treatment.
- Well positioned · Petitioner's extensive experience and expertise in breast cancer screening, surgery, and research demonstrates capacity to advance proposed endeavor.
- Balance favors a waiver · Track record of successful research and significant contributions to cancer treatment benefit United States despite availability of qualified workers.
What was missing
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Trauma surgeon's research on skin-sparing mastectomies shows substantial merit and potential prospective impact in cancer treatment. |
 Well positioned | Met | Petitioner's extensive experience and expertise in breast cancer screening, surgery, and research demonstrates capacity to advance proposed endeavor. |
 Balance favors a waiver | Met | Track record of successful research and significant contributions to cancer treatment benefit United States despite availability of qualified workers. |
A published decision describes one case. It is not legal advice and not a prediction for yours.