EB-2 NIWLife sciences and medicineIndividualDecided 2017Dismissed
Outcome: Dismissed
JUL132017_01B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
A forensic DNA analyst sought NIW as EB-2 advanced degree professional, proposing to continue laboratory work analyzing DNA evidence. The AAO dismissed, finding substantial merit but lacking national importance since her laboratory work does not demonstrate impact beyond her employer or broader contributions to forensic science advancement.
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
- Well positioned · Petitioner demonstrated expertise through organizational membership and recognition as seasoned professional with advanced forensic science skills.
What was missing
- Merit and national importance · Forensic DNA analysis work has substantial merit but lacks national importance; laboratory-specific work does not impact broader field or demonstrate prospective impact beyond her employer.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Forensic DNA analysis work has substantial merit but lacks national importance; laboratory-specific work does not impact broader field or demonstrate prospective impact beyond her employer. |
 Well positioned | Met | Petitioner demonstrated expertise through organizational membership and recognition as seasoned professional with advanced forensic science skills. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed the first prong of the Dhanasar framework regarding national importance. |
A published decision describes one case. It is not legal advice and not a prediction for yours.