EB-2 NIWEducation and academiaIndividualDecided November 2024Dismissed
Outcome: Dismissed
NOV012024_04B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Archaeologist with Egyptian Ph.D. in Islamic archaeology seeking EB-2 with national interest waiver for research comparing African American and Mamluk civilizations. First prong met; teaching and media production endeavors lacked sufficient specificity. AAO affirmed dismissal because petitioner failed second prong: education alone insufficient to show well-positioned status without demonstrated research success or external support.
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 proposed research comparing African American and Mamluk archaeology has substantial merit and national importance.
What was missing
- Well positioned · Doctorate alone insufficient; petitioner lacked record of success in similar research, evidence of progress, or demonstrated interest from others.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Director found proposed research comparing African American and Mamluk archaeology has substantial merit and national importance. |
 Well positioned | Not met | Doctorate alone insufficient; petitioner lacked record of success in similar research, evidence of progress, or demonstrated interest from others. |
 Balance favors a waiver | Not reached / not discussed | Not reached because second prong failed; AAO declined to address third prong as dispositive issue identified. |
A published decision describes one case. It is not legal advice and not a prediction for yours.