Outcome: Sustained
MAY112023_04B5203
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
| Criterion | Reading | Why |
|---|---|---|
| Met | Petitioner established proposed endeavor has substantial merit and national importance | |
| Met | Education, experience in STEM field, significant roles in NIH-funded research, government funding demonstrated petitioner well-positioned | |
| Met | Advanced 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.
