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EB-2 NIWBiotech and pharmaIndividualDecided November 2023Sustained

Outcome: Sustained

NOV162023_09B5203

Merit and national importanceMetWell positionedMetBalance favors a waiverMet

Our summary

Biomedical engineer seeks NIW for EB-2 advanced degree classification to conduct cell and gene therapy research. Meets all three Dhanasar prongs: proposed endeavor has national importance, petitioner is well-positioned through credentials and research record, and waiving job offer benefits the United States.

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 cell and gene therapy research has both substantial merit and national importance in advancing STEM field.
  • Well positioned · Ph.D. and Master of Science degrees, published research, grants, citations, and expert reference letters demonstrate expertise and track record.
  • Balance favors a waiver · Biomedical engineer with STEM Ph.D. pursuing critical emerging technology; contributions benefit United States despite available qualified workers.

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceMetProposed cell and gene therapy research has both substantial merit and national importance in advancing STEM field.
Well positionedMetPh.D. and Master of Science degrees, published research, grants, citations, and expert reference letters demonstrate expertise and track record.
Balance favors a waiverMetBiomedical engineer with STEM Ph.D. pursuing critical emerging technology; contributions benefit United States despite available qualified workers.

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

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