Outcome: Dismissed
DEC202024_01B5203
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
| Criterion | Reading | Why |
|---|---|---|
| Met | Director and AAO agreed proposed research endeavor has substantial merit and national importance | |
| Not met | Petitioner's publication record and citations insufficient to show positioning to advance proposed endeavor | |
| Not reached / not discussed | Not 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.
