EB-2 NIWLife sciences and medicineIndividualDecided March 2022Dismissed
Outcome: Dismissed
MAR032022_01B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Geology researcher sought national interest waiver as member of professions with advanced degree. AAO found proposed research on microfossils and environmental assessments had substantial merit and national importance, but dismissed appeal because petitioner failed to demonstrate she was well positioned to advance the research independently without primary investigator responsibility.
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 · Research on microfossils and environmental applications has broader field implications disseminated through journals and conferences.
What was missing
- Well positioned · Master's degree and publications insufficient; did not show she obtained research funding or led projects as primary investigator.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Research on microfossils and environmental applications has broader field implications disseminated through journals and conferences. |
 Well positioned | Not met | Master's degree and publications insufficient; did not show she obtained research funding or led projects as primary investigator. |
 Balance favors a waiver | Not reached / not discussed | Second prong failed; balancing analysis unnecessary under Dhanasar framework. |
A published decision describes one case. It is not legal advice and not a prediction for yours.