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EB-2 NIWBiotech and pharmaIndividualDecided July 2025Dismissed

Outcome: Dismissed

JUL072025_01B5203

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

Our summary

Postdoctoral fellow in biomedical research sought EB-2 NIW with advanced degree. Proposed cancer research endeavor met substantial merit and national importance, but AAO found petitioner not well positioned to advance it: lacking significant funded grant record, evidence of work adoption by others, or comprehensive future plan despite strong academic credentials.

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 · Service Center and AAO agreed research in cancer prevention and treatment has substantial merit and national importance

What was missing

  • Well positioned · Doctorate degree alone insufficient; work cited but not used by others; lacks funded research projects or evidence of progress toward proposed endeavor

Criteria

CriterionReadingWhy
Merit and national importanceMetService Center and AAO agreed research in cancer prevention and treatment has substantial merit and national importance
Well positionedNot metDoctorate degree alone insufficient; work cited but not used by others; lacks funded research projects or evidence of progress toward proposed endeavor
Balance favors a waiverNot reached / not discussedNot reached; dispositive issue of well-positioned prong failure makes third prong analysis unnecessary

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

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