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EB-2 NIWHealthcare, clinicalEmployerDecided 2016Sustained

Outcome: Sustained

DEC272016_02B5203

Merit and national importanceMetWell positionedMetBalance favors a waiverMet

Our summary

Physician with advanced degree sought NIW to continue cancer research and clinical practice, developing evidence-based staging guidelines. Petitioner established all three Dhanasar prongs: endeavor has substantial merit and national importance, petitioner well positioned by experience and expertise, and waiver benefits United States. Appeal sustained.

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 · Proposed cancer research and clinical practice has substantial merit and national importance
  • Well positioned · Petitioner's notable experience on high-profile cancer projects and past influential research render him well positioned
  • Balance favors a waiver · Documented past success on critical projects; balancing factors favor waiver despite availability of other qualified workers

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceMetProposed cancer research and clinical practice has substantial merit and national importance
Well positionedMetPetitioner's notable experience on high-profile cancer projects and past influential research render him well positioned
Balance favors a waiverMetDocumented past success on critical projects; balancing factors favor waiver despite availability of other qualified workers

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

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