EB-2 NIWEducation and academiaIndividualDecided September 2021Dismissed
Outcome: Dismissed
SEP032021_02B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot met
Our summary
Bioethicist with Ph.D. seeking NIW for university faculty and ethics consultation role. First prong met but second and third prongs failed because training was incomplete at filing, petitioner was not yet independent researcher, and lacked sufficient track record of successful research.
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's finding that first prong met was accepted and not disturbed; bioethics research and ethics consultation possess intrinsic merit and national importance.
What was missing
- Well positioned · Training incomplete at filing; work experience post-dated petition; petitioner remained under mentor supervision, not yet independent researcher.
- Balance favors a waiver · No track record of successful research; lacks evidence of significance of proposed work; general statements about specialty importance insufficient.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Director's finding that first prong met was accepted and not disturbed; bioethics research and ethics consultation possess intrinsic merit and national importance. |
 Well positioned | Not met | Training incomplete at filing; work experience post-dated petition; petitioner remained under mentor supervision, not yet independent researcher. |
 Balance favors a waiver | Not met | No track record of successful research; lacks evidence of significance of proposed work; general statements about specialty importance insufficient. |
A published decision describes one case. It is not legal advice and not a prediction for yours.