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EB-2 NIWHealthcare, clinicalEmployerDecided 2017Dismissed

Outcome: Dismissed

MAY102017_01B5203

Merit and national importanceMetWell positionedNot metBalance favors a waiverNot met

Our summary

A cardiologist and researcher with advanced degree sought national interest waiver of job offer requirement under Dhanasar framework. The AAO found the proposed research had substantial merit and national importance, but the petitioner was not well positioned to advance it and waiver was not in balance beneficial to the U.S. Appeal dismissed.

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 · Cardiology research has substantial merit and national importance through dissemination in medical journals and conferences

What was missing

  • Well positioned · Petitioner did not demonstrate record of success, progress, or degree of interest from relevant parties at time of filing
  • Balance favors a waiver · Petitioner did not show urgent national interest in his efforts or contributions of value warranting waiver over available qualified workers

Criteria

CriterionReadingWhy
Merit and national importanceMetCardiology research has substantial merit and national importance through dissemination in medical journals and conferences
Well positionedNot metPetitioner did not demonstrate record of success, progress, or degree of interest from relevant parties at time of filing
Balance favors a waiverNot metPetitioner did not show urgent national interest in his efforts or contributions of value warranting waiver over available qualified workers

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

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