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EB-2 NIWLife sciences and medicineEmployerDecided September 2020Dismissed

Outcome: Dismissed

SEP242020_03B5203

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

Our summary

A biomedical researcher sought EB-2 NIW classification under the Dhanasar framework. The AAO found the proposed research had substantial merit and national importance, but concluded the petitioner failed to demonstrate she was well positioned to advance the research, precluding NIW eligibility.

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 · Petitioner documented substantial merit and national importance of biomedical research endeavor

What was missing

  • Well positioned · Petitioner failed to show adequate position, credentials, and track record to advance proposed research

Criteria

CriterionReadingWhy
Merit and national importanceMetPetitioner documented substantial merit and national importance of biomedical research endeavor
Well positionedNot metPetitioner failed to show adequate position, credentials, and track record to advance proposed research
Balance favors a waiverNot reached / not discussedNot reached because second prong not satisfied

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

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