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EB-2 NIWBiotech and pharmaIndividualDecided February 2024Dismissed

Outcome: Dismissed

FEB082024_10B5203

Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

Pharmaceutical professional seeking EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal because petitioner failed to meet three initial evidentiary criteria for exceptional ability and did not establish specific endeavor or its prospective national importance under Dhanasar framework.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

  • Merit and national importance · Petitioner failed to provide sufficient information to establish specific endeavor or its prospective impact at national importance level

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner failed to provide sufficient information to establish specific endeavor or its prospective impact at national importance level
Well positionedNot reached / not discussedNot reached because first prong failed and underlying EB-2 exceptional ability classification not established; reserved
Balance favors a waiverNot reached / not discussedNot reached because first prong failed and underlying EB-2 exceptional ability classification not established; reserved

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

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