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EB-2 NIWBiotech and pharmaIndividualDecided June 2021Dismissed

Outcome: Dismissed

JUN162021_02B5203

Merit and national importanceMetWell positionedMetBalance favors a waiverNot met

Our summary

A chemist with Ph.D. in organic chemistry sought national interest waiver. AAO found she met the first two Dhanasar prongs but failed the third, concluding waiver was not warranted because her fellowship was time-limited, her citation metrics were deficient, and publication benefits were contingent on academic versus commercial employment.

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 first prong satisfied without further comment
  • Well positioned · Director concluded second prong satisfied without further comment

What was missing

  • Balance favors a waiver · Petitioner could not remain in fellowship position; citation metrics questionable; postdoctoral employment contingent on employer type

Criteria

CriterionReadingWhy
Merit and national importanceMetDirector concluded first prong satisfied without further comment
Well positionedMetDirector concluded second prong satisfied without further comment
Balance favors a waiverNot metPetitioner could not remain in fellowship position; citation metrics questionable; postdoctoral employment contingent on employer type

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

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