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EB-2 NIWLife sciences and medicineIndividualDecided January 2021Sustained

Outcome: Sustained

JAN192021_01B5203

Merit and national importanceMetWell positionedMetBalance favors a waiverMet

Our summary

An ophthalmology researcher with advanced degrees sought EB-2 with national interest waiver for continued research on retinal diseases and treatments. The AAO sustained appeal, finding all three Dhanasar prongs met: her research has substantial merit and national importance, she is well positioned to advance it, and her contributions benefit the United States.

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 · Ophthalmology research on retinal diseases and treatment advances with widespread medical community interest and application.
  • Well positioned · Advanced degrees, numerous peer-reviewed publications, strong reference letters, clinical history, and ongoing research position demonstrate capability to advance endeavor.
  • Balance favors a waiver · Petitioner's significant research contributions and track record benefit United States; value outweighs availability of other qualified workers.

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceMetOphthalmology research on retinal diseases and treatment advances with widespread medical community interest and application.
Well positionedMetAdvanced degrees, numerous peer-reviewed publications, strong reference letters, clinical history, and ongoing research position demonstrate capability to advance endeavor.
Balance favors a waiverMetPetitioner's significant research contributions and track record benefit United States; value outweighs availability of other qualified workers.

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

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