EB-2 NIWAgriculture and foodIndividualDecided December 2025Dismissed
Outcome: Dismissed
DEC092025_03B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A biomedical engineering graduate research assistant sought NIW EB-2 classification for livestock safety research. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate he was well positioned to advance the endeavor, lacking a demonstrated record of research 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 · Petitioner's research on livestock safety and food supply has substantial merit and national importance
What was missing
- Well positioned · Petitioner lacked specific evidence of success, publications not cited, unclear how prior experience advances proposed livestock research endeavor
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Petitioner's research on livestock safety and food supply has substantial merit and national importance |
 Well positioned | Not met | Petitioner lacked specific evidence of success, publications not cited, unclear how prior experience advances proposed livestock research endeavor |
 Balance favors a waiver | Not reached / not discussed | Not reached; petitioner failed second prong; third prong analysis reserved as unnecessary to decision |
A published decision describes one case. It is not legal advice and not a prediction for yours.