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EB-2 NIWBusiness and managementIndividualDecided May 2023Dismissed

Outcome: Dismissed

MAY162023_04B5203

Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed

Our summary

A doctoral student in business research sought EB-2 NIW classification. The AAO found the proposed organizational behavior research endeavor had substantial merit and national importance, but the applicant lacked sufficient education, publication record, and demonstrated success to show he was well-positioned to advance it. 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 · Decision found research on organizational behavior has substantial merit and national importance

What was missing

  • Well positioned · Master's degree and limited publication history insufficient to show strong position to advance proposed endeavor

Criteria

CriterionReadingWhy
Merit and national importanceMetDecision found research on organizational behavior has substantial merit and national importance
Well positionedNot metMaster's degree and limited publication history insufficient to show strong position to advance proposed endeavor
Balance favors a waiverNot reached / not discussedNot reached because first prong of second criterion failed

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

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