EB-2 NIWBiotech and pharmaIndividualDecided February 2026Dismissed
Outcome: Dismissed
FEB022026_02B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Formulation scientist with Ph.D. seeks NIW for drug delivery systems research. AAO found substantial merit and national importance of proposed research endeavor but concluded petitioner failed to demonstrate independence from employer, failing second 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 · Drug delivery research demonstrates substantial merit and national importance as scientific endeavor
What was missing
- Well positioned · Failed to demonstrate independent execution of research apart from employer role
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Drug delivery research demonstrates substantial merit and national importance as scientific endeavor |
 Well positioned | Not met | Failed to demonstrate independent execution of research apart from employer role |
 Balance favors a waiver | Not reached / not discussed | Not reached because second prong failed |
A published decision describes one case. It is not legal advice and not a prediction for yours.