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EB-2 NIWLife sciences and medicineIndividualDecided June 2024Dismissed

Outcome: Dismissed

JUN122024_05B5203

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

Our summary

Medical physicist sought EB-2 classification with NIW, proposing radiation therapy detector research using CdTe semiconductor material. AAO found the endeavor had substantial merit and national importance, but dismissed appeal because petitioner failed to demonstrate she was well-positioned to advance it.

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 · AAO withdrew Director's findings; proposed endeavor has substantial merit and national importance

What was missing

  • Well positioned · Petitioner failed to demonstrate she is well-positioned to advance the proposed endeavor

Criteria

CriterionReadingWhy
Merit and national importanceMetAAO withdrew Director's findings; proposed endeavor has substantial merit and national importance
Well positionedNot metPetitioner failed to demonstrate she is well-positioned to advance the proposed endeavor
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed second prong

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

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