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EB-2 NIWHealthcare, clinicalIndividualDecided 2018Dismissed

Outcome: Dismissed

JAN022018_01B5203

Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed

Our summary

Integrative medicine professional with advanced degree sought EB-2 NIW. AAO found first Dhanasar prong met regarding research merit and national importance, but rejected petition after finding petitioner not well positioned to advance proposed research due to lack of success record or demonstrated interest from field.

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 into biomedical devices and integrative medicine documented as having substantial merit and national importance

What was missing

  • Well positioned · No record of success or progress in field; no business plan or evidence of relevant party interest demonstrated

Criteria

CriterionReadingWhy
Merit and national importanceMetResearch into biomedical devices and integrative medicine documented as having substantial merit and national importance
Well positionedNot metNo record of success or progress in field; no business plan or evidence of relevant party interest demonstrated
Balance favors a waiverNot reached / not discussedNot reached because second prong failed; balancing analysis unnecessary per Lozada

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

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