EB-2 NIWHealthcare, clinicalIndividualDecided 2017Dismissed
Outcome: Dismissed
MAY192017_01B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Physician and neonatal researcher sought NIW for research on premature infant conditions. AAO found research met national importance prong but petitioner failed second prong: no demonstrated record of success or field impact through citations or clinical practice changes. 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 · Neonatology research on premature infant illnesses has substantial merit and documented national importance
What was missing
- Well positioned · Research lacks frequent citation, clinical practice impact, or broad medical community interest demonstrating record of success
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Neonatology research on premature infant illnesses has substantial merit and documented national importance |
 Well positioned | Not met | Research lacks frequent citation, clinical practice impact, or broad medical community interest demonstrating record of success |
 Balance favors a waiver | Not reached / not discussed | Record does not show labor certification would be impractical or unnecessary; waiver not beneficial to U.S. |
A published decision describes one case. It is not legal advice and not a prediction for yours.