EB-2 NIWBiotech and pharmaEmployerDecided January 2016Dismissed
Outcome: Dismissed
JAN212026_03B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Doctoral candidate in medical research seeking EB-2 NIW for developing medical devices for organ preservation and hypoxia treatment. AAO found first prong met but dismissed, finding petitioner not well-positioned to advance endeavor due to lack of Ph.D. at filing and insufficient connection of prior research to proposed medical device work.
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 · NIH-funded research on hypoxia treatment and organ preservation demonstrates substantial merit and national importance
What was missing
- Well positioned · Petitioner lacked Ph.D. at filing; previous research in thermofluidic mechanics lacks demonstrated relation to proposed medical device endeavor
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | NIH-funded research on hypoxia treatment and organ preservation demonstrates substantial merit and national importance |
 Well positioned | Not met | Petitioner lacked Ph.D. at filing; previous research in thermofluidic mechanics lacks demonstrated relation to proposed medical device endeavor |
 Balance favors a waiver | Not reached / not discussed | Second prong failed; third prong not reached or analyzed |
A published decision describes one case. It is not legal advice and not a prediction for yours.