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EB-2 NIWPhysics and astronomyEmployerDecided December 2024Dismissed

Outcome: Dismissed

DEC202024_01B5203

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

Our summary

A research scientist in experimental nuclear physics sought EB-2 NIW classification. The AAO agreed the proposed endeavor had substantial merit and national importance but found the petitioner was not well positioned to advance it based on education, skills, and record of success. Appeal dismissed without reaching the balancing prong.

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 and AAO agreed proposed research endeavor has substantial merit and national importance

What was missing

  • Well positioned · Petitioner's publication record and citations insufficient to show positioning to advance proposed endeavor

Criteria

CriterionReadingWhy
Merit and national importanceMetDirector and AAO agreed proposed research endeavor has substantial merit and national importance
Well positionedNot metPetitioner's publication record and citations insufficient to show positioning to advance proposed endeavor
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed second prong; balancing analysis unnecessary

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

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