EB-2 NIWLife sciences and medicineIndividualDecided May 2021Sustained
Outcome: Sustained
MAY252021_02B5203
Merit and national importanceMetWell positionedMetBalance favors a waiverMet
Our summary
A postdoctoral biochemistry researcher sought an NIW under Dhanasar for developing novel disease treatment derivatives. The AAO sustained the appeal, finding all three Dhanasar prongs met: proposed research had substantial merit and national importance, petitioner was well positioned to advance it, and balance favored waiver of job offer requirement.
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 · Proposed research on disease treatment derivatives demonstrates substantial merit and national importance to public health
- Well positioned · Biochemist with expertise in synthetic methodologies and track record of successful research and publications
- Balance favors a waiver · Petitioner's contributions to public health research would benefit U.S. even assuming other qualified workers available
What was missing
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Proposed research on disease treatment derivatives demonstrates substantial merit and national importance to public health |
 Well positioned | Met | Biochemist with expertise in synthetic methodologies and track record of successful research and publications |
 Balance favors a waiver | Met | Petitioner's contributions to public health research would benefit U.S. even assuming other qualified workers available |
A published decision describes one case. It is not legal advice and not a prediction for yours.