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EB-2 NIWHealthcare, clinicalIndividualDecided May 2023Dismissed

Outcome: Dismissed

MAY162023_05B5203

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

Our summary

A speech-language pathologist with a master's degree sought EB-2 NIW, proposing research in speech pathology. The AAO found the endeavor had substantial merit and national importance but rejected the petition because the petitioner failed to establish she was well-positioned to advance it; her publications lacked citations, letters came largely from associates, and evidence did not demonstrate sufficient research success or industry interest.

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 · Director found substantial merit and national importance established; AAO does not disturb this finding.

What was missing

  • Well positioned · Record lacks significant citation, industry interest, or evidence of progress toward advancing the proposed endeavor.

Criteria

CriterionReadingWhy
Merit and national importanceMetDirector found substantial merit and national importance established; AAO does not disturb this finding.
Well positionedNot metRecord lacks significant citation, industry interest, or evidence of progress toward advancing the proposed endeavor.
Balance favors a waiverNot reached / not discussedNot reached because second prong failed; AAO reserved opinion on third prong.

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

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