EB-2 NIWLife sciences and medicineIndividualDecided June 2021Dismissed
Outcome: Dismissed
JUN302021_03B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Physician seeking NIW under EB-2 for proposed work as medical scientist conducting disease research. AAO held first prong met but second prong failed because petitioner is not well positioned to conduct medical research given background only in medical practice. Substantial material change between initial and revised proposed endeavors also demonstrated lack of 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 and AAO agreed first Dhanasar prong satisfied; endeavor has substantial merit and national importance.
What was missing
- Well positioned · Physician's medical practice background does not translate to research credentials; major material change from researcher to physician between filings undermines positioning.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Director and AAO agreed first Dhanasar prong satisfied; endeavor has substantial merit and national importance. |
 Well positioned | Not met | Physician's medical practice background does not translate to research credentials; major material change from researcher to physician between filings undermines positioning. |
 Balance favors a waiver | Not reached / not discussed | Second prong failed; third prong analysis reserved. |
A published decision describes one case. It is not legal advice and not a prediction for yours.