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EB-2 NIWLife sciences and medicineIndividualDecided February 2022Dismissed

Outcome: Dismissed

FEB282022_02B5203

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

Our summary

Medical researcher sought EB-2 national interest waiver. Petitioner lacked advanced degree equivalency and failed to meet exceptional ability criteria. On appeal, she added entrepreneurship role materially changing the petition, which USCIS rejected as improper modification rather than clarification during RFE response.

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 establish national importance; added entrepreneurship role materially changed petition without filing new one.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner failed to establish national importance; added entrepreneurship role materially changed petition without filing new one.
Well positionedNot reached / not discussedFirst prong failed; no analysis of remaining prongs necessary.
Balance favors a waiverNot reached / not discussedFirst prong failed; no analysis of remaining prongs necessary.

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

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