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EB-2 NIWBiotech and pharmaIndividualDecided March 2022Sustained

Outcome: Sustained

MAR182022_02B5203

Merit and national importanceMetWell positionedMetBalance favors a waiverMet

Our summary

A cancer biology researcher with a Ph.D. sought a national interest waiver for EB-2 classification to conduct research on targeted cancer therapies. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied: the research has substantial merit and national importance, she is well positioned to advance it, and the waiver benefits the United States.

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 · Cancer biology research on targeted therapies has substantial merit and broader implications demonstrated through publications and scientific dissemination.
  • Well positioned · Ph.D. in biology with documented track record of successful research and influential publications shows capacity to advance endeavor.
  • Balance favors a waiver · Advanced STEM degree, critical technology focus, and well-positioned status combined with public health value justify waiver.

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceMetCancer biology research on targeted therapies has substantial merit and broader implications demonstrated through publications and scientific dissemination.
Well positionedMetPh.D. in biology with documented track record of successful research and influential publications shows capacity to advance endeavor.
Balance favors a waiverMetAdvanced STEM degree, critical technology focus, and well-positioned status combined with public health value justify waiver.

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

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