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EB-2 NIWMechanical and aerospace engineeringIndividualDecided 2020Dismissed

Outcome: Dismissed

JUL242020_01B5203

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

Our summary

Mechanical engineering researcher with Ph.D. sought EB-2 national interest waiver for nanoparticle research. First prong met on research merit and national importance. AAO dismissed, finding petitioner failed second prong: insufficient evidence of independent funding acquisition, citation impact, or demonstrated leadership capacity relative to advisors and coauthors.

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 · Petitioner established nanoparticle research has substantial merit and national importance.

What was missing

  • Well positioned · Despite Ph.D., publications, and citations, record did not show petitioner primarily responsible for securing funding or demonstrated significant influence in field.

Criteria

CriterionReadingWhy
Merit and national importanceMetPetitioner established nanoparticle research has substantial merit and national importance.
Well positionedNot metDespite Ph.D., publications, and citations, record did not show petitioner primarily responsible for securing funding or demonstrated significant influence in field.
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed second prong; third prong balancing not addressed.

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

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