EB-2 NIWLife sciences and medicineIndividualDecided July 2021Dismissed
Outcome: Dismissed
JUL202021_01B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Medical epidemiologist sought EB-2 advanced degree with NIW to advance public health preparedness and emergency response focusing on vaccine preventable diseases. AAO dismissed appeal, finding petitioner met first Dhanasar prong but failed second prong; evidence submitted post-filing was inadmissible, and petitioner did not rebut director's finding of insufficient positioning.
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 · Director concluded and record supported substantial merit and national importance of public health preparedness and emergency response work.
What was missing
- Well positioned · Petitioner failed to demonstrate sufficient progress, record of success in similar efforts, or generation of relevant interest to advance proposed endeavor.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Director concluded and record supported substantial merit and national importance of public health preparedness and emergency response work. |
 Well positioned | Not met | Petitioner failed to demonstrate sufficient progress, record of success in similar efforts, or generation of relevant interest to advance proposed endeavor. |
 Balance favors a waiver | Not reached / not discussed | Analysis of third prong not necessary as petitioner failed second prong; decision reserved opinion on third prong. |
A published decision describes one case. It is not legal advice and not a prediction for yours.