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EB-2 NIWBiotech and pharmaIndividualDecided November 2024Dismissed

Outcome: Dismissed

NOV042024_01B5203

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

Our summary

Biomedical engineer researcher proposed postdoctoral research on brain cognitive processes using machine learning. AAO withdrew denial of prong one, finding national importance, but affirmed denial under prong two because petitioner lacked demonstrated influence or record of success advancing the field.

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 · Biomedical research on brain cognition using ML and AI has national implications relevant to U.S. technology leadership

What was missing

  • Well positioned · Petitioner lacks demonstrated influence or impetus for field progress; insufficient record of success

Criteria

CriterionReadingWhy
Merit and national importanceMetBiomedical research on brain cognition using ML and AI has national implications relevant to U.S. technology leadership
Well positionedNot metPetitioner lacks demonstrated influence or impetus for field progress; insufficient record of success
Balance favors a waiverNot reached / not discussedSecond prong failure dispositive; third prong not reached per Bagamasbad

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

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