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EB-2 NIWLife sciences and medicineIndividualDecided November 2024Dismissed

Outcome: Dismissed

NOV252024_03B5203

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

Our summary

A medical scientist with a Ph.D. sought EB-2 NIW for autoimmune disease research under Dhanasar framework. AAO found the endeavor had substantial merit but the petitioner lacked positioning to advance it: insufficient funding, no detailed plan for future work, and no demonstrated progress toward the proposed endeavor.

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 endeavor has substantial merit and national importance; not disturbed on appeal

What was missing

  • Well positioned · Lacked funding, concrete support, or detailed plan; continued postdoctoral work insufficient evidence

Criteria

CriterionReadingWhy
Merit and national importanceMetDirector found endeavor has substantial merit and national importance; not disturbed on appeal
Well positionedNot metLacked funding, concrete support, or detailed plan; continued postdoctoral work insufficient evidence
Balance favors a waiverNot reached / not discussedNot reached because second prong failed; waiver denial dispositive

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

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