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EB-2 NIWEducation and academiaEmployerDecided January 2021Dismissed

Outcome: Dismissed

JAN272021_02B5203

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

Our summary

Instructional technologist with Ph.D. seeking EB-2 national interest waiver. Petitioner established first prong of Dhanasar framework for substantial merit and national importance of proposed endeavor. AAO dismissed because petitioner failed second prong; evidence did not demonstrate adequate record of success or that others in field recognize his work sufficiently.

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 · Proposed instructional design and teaching work documented as having substantial merit and national importance

What was missing

  • Well positioned · Evidence insufficient; limited citations, occasional peer review, and membership not demonstrating record of success

Criteria

CriterionReadingWhy
Merit and national importanceMetProposed instructional design and teaching work documented as having substantial merit and national importance
Well positionedNot metEvidence insufficient; limited citations, occasional peer review, and membership not demonstrating record of success
Balance favors a waiverNot reached / not discussedSecond prong failed; further analysis unnecessary

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

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