EB-2 NIWLife sciences and medicineIndividualDecided February 2023Dismissed
Outcome: Dismissed
FEB022023_04B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot met
Our summary
An environmental scientist with a master's degree in natural resources engineering sought EB-2 NIW classification based on research in urban water management and sustainability. The AAO agreed the research had substantial merit and national importance but found she was not well-positioned to advance it independently and had not shown benefit of waiver over labor certification. Appeal dismissed.
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 environmental research endeavor has substantial merit and national importance
What was missing
- Well positioned · Petitioner conducted research under faculty supervision, did not initiate or drive projects
- Balance favors a waiver · Not shown that waiver of job offer requirement would benefit United States more than labor certification
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Proposed environmental research endeavor has substantial merit and national importance |
 Well positioned | Not met | Petitioner conducted research under faculty supervision, did not initiate or drive projects |
 Balance favors a waiver | Not met | Not shown that waiver of job offer requirement would benefit United States more than labor certification |
A published decision describes one case. It is not legal advice and not a prediction for yours.