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EB-2 NIWLife sciences and medicineIndividualDecided January 2026Dismissed

Outcome: Dismissed

JAN132026_06B5203

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

Our summary

Graduate student in epidemiology sought EB-2 with national interest waiver for research on cancer and aging-related diseases. AAO found the proposed research endeavor had national importance but dismissed the appeal because the petitioner, as a student without principal investigator experience or concrete evidence of pursuing postdoctoral employment, was not well-positioned to advance it.

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 · AAO concluded petitioner established substantial merit and national importance of proposed epidemiology research endeavor

What was missing

  • Well positioned · Student researcher lacked principal investigator experience, unclear role in obtaining grants, no documentary evidence of pursuing postdoctoral position or specific steps toward employment

Criteria

CriterionReadingWhy
Merit and national importanceMetAAO concluded petitioner established substantial merit and national importance of proposed epidemiology research endeavor
Well positionedNot metStudent researcher lacked principal investigator experience, unclear role in obtaining grants, no documentary evidence of pursuing postdoctoral position or specific steps toward employment
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed second prong; AAO did not analyze third prong

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

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