EB-2 NIWLaw, policy, social scienceEmployerDecided February 2024Dismissed
Outcome: Dismissed
FEB122024_05B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Researcher, teacher, and policy adviser sought EB-2 advanced degree classification and NIW. AAO reversed director on national importance prong but affirmed denial on second prong: published research does not prove petitioner well positioned to advance the specific proposed endeavor without additional evidence of progress or success.
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 · Research with dissemination through academic journals demonstrates national importance
What was missing
- Well positioned · Published research alone insufficient to show record of success or progress toward proposed goals
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Research with dissemination through academic journals demonstrates national importance |
 Well positioned | Not met | Published research alone insufficient to show record of success or progress toward proposed goals |
 Balance favors a waiver | Not reached / not discussed | Second prong failed; third prong not reached under Dhanasar |
A published decision describes one case. It is not legal advice and not a prediction for yours.