EB-2 NIWBiotech and pharmaIndividualDecided March 2024Dismissed
Outcome: Dismissed
MAR052024_01B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Bioengineering technology researcher seeking NIW for EB-2. AAO agreed endeavor has national importance but held she is not well-positioned to advance it because her research lacks substantial citations, field impact, and evidence of obtaining funding, failing the second Dhanasar prong.
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 found endeavor has national importance, withdrawing Director's adverse conclusion on first prong
What was missing
- Well positioned · Limited scholarly publications with minimal citations, insufficient evidence of funding responsibility, lacks Dhanasar factors
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | AAO found endeavor has national importance, withdrawing Director's adverse conclusion on first prong |
 Well positioned | Not met | Limited scholarly publications with minimal citations, insufficient evidence of funding responsibility, lacks Dhanasar factors |
 Balance favors a waiver | Not reached / not discussed | Not reached because second prong fails; decision reserves this issue |
A published decision describes one case. It is not legal advice and not a prediction for yours.