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EB-2 NIWLife sciences and medicineIndividualDecided December 2022Dismissed

Outcome: Dismissed

DEC092022_01B5203

Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

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

CriterionReadingWhy
Merit and national importanceNot reached / not discussedDhanasar analysis expressly not reached because the underlying EB-2 classification was not established.
Well positionedNot reached / not discussedNot reached; failure on exceptional ability was dispositive, so the framework was reserved.
Balance favors a waiverNot reached / not discussedNot 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.

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