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EB-2 NIWLife sciences and medicineIndividualDecided May 2023Sustained

Outcome: Sustained

MAY112023_04B5203

Merit and national importanceMetWell positionedMetBalance favors a waiverMet

Our summary

A Ph.D. biochemist sought EB-2 national interest waiver to conduct aptamer research for drug detection and treatment. The AAO sustained the appeal, finding all three Dhanasar prongs met: the endeavor had substantial merit and national importance, the petitioner was well-positioned to advance it, and waiving labor certification would benefit 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 · Petitioner established proposed endeavor has substantial merit and national importance
  • Well positioned · Education, experience in STEM field, significant roles in NIH-funded research, government funding demonstrated petitioner well-positioned
  • Balance favors a waiver · Advanced STEM degree, aptamer research of public health significance, expert letters supported waiver benefit to U.S.

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceMetPetitioner established proposed endeavor has substantial merit and national importance
Well positionedMetEducation, experience in STEM field, significant roles in NIH-funded research, government funding demonstrated petitioner well-positioned
Balance favors a waiverMetAdvanced STEM degree, aptamer research of public health significance, expert letters supported waiver benefit to U.S.

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

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