Outcome: Dismissed
DEC092022_01B5203
Our summary
A woman who participates in a government medical research study because she carries a particular genetic variant sought EB-2 exceptional ability classification with a national interest waiver. The appeal was dismissed because she claimed no regulatory criteria, showed no comparable evidence, and did not show that a biological trait is an occupation. The waiver framework was not reached.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Not reached / not discussed | Dhanasar analysis expressly not reached because the underlying EB-2 classification was not established. | |
| Not reached / not discussed | Not reached; failure on exceptional ability was dispositive, so the framework was reserved. | |
| Not reached / not discussed | Not reached; the waiver analysis was reserved after the underlying classification failed. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
