EB-2 NIWEducation and academiaIndividualDecided November 2021Dismissed
Outcome: Dismissed
NOV032021_01B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Assistant professor of international studies sought EB-2 with national interest waiver. Director approved first prong but denied second prong. AAO reversed, withdrawing national importance finding due to vague endeavor description and unclear future employment, and affirmed failure on second prong regarding positioning.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Merit and national importance · Director found substantial merit and national importance, but AAO withdrew national importance finding; proposed endeavor too vaguely described with unclear future activities.
- Well positioned · Unclear current and future employment status; past research success insufficient to support ability to pursue proposed future endeavor.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Director found substantial merit and national importance, but AAO withdrew national importance finding; proposed endeavor too vaguely described with unclear future activities. |
 Well positioned | Not met | Unclear current and future employment status; past research success insufficient to support ability to pursue proposed future endeavor. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first two prongs failed; third prong analysis deemed unnecessary. |
A published decision describes one case. It is not legal advice and not a prediction for yours.