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EB-2 NIWLife sciences and medicineIndividualDecided December 2023Dismissed

Outcome: Dismissed

DEC052023_04B5203

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

Our summary

Ph.D. public health researcher with advanced degree sought NIW as self-petitioner. AAO found endeavor has substantial merit and national importance but dismissed appeal because petitioner failed to demonstrate she is well-positioned to advance her research through evidence of impact or success.

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 · Director acknowledged petitioner demonstrated substantial merit and national importance of public health research endeavor

What was missing

  • Well positioned · Letters from experts did not provide specific examples of how petitioner's work affected field or generated interest among relevant parties

Criteria

CriterionReadingWhy
Merit and national importanceMetDirector acknowledged petitioner demonstrated substantial merit and national importance of public health research endeavor
Well positionedNot metLetters from experts did not provide specific examples of how petitioner's work affected field or generated interest among relevant parties
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed second prong of Dhanasar framework

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

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