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EB-2 NIWLife sciences and medicineIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP282023_14B5203

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

Our summary

Self-petitioner, researcher with advanced degree seeking EB-2 NIW. First prong met: substantial merit and national importance established. Second prong failed: despite academic accomplishments and research participation, petitioner did not demonstrate sufficient role significance or progress toward goals to be well-positioned to advance 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 and AAO agreed proposed research endeavor has substantial merit and national importance

What was missing

  • Well positioned · Education alone insufficient; no evidence of significance of role in projects, progress toward goals, or interest from relevant parties

Criteria

CriterionReadingWhy
Merit and national importanceMetDirector and AAO agreed proposed research endeavor has substantial merit and national importance
Well positionedNot metEducation alone insufficient; no evidence of significance of role in projects, progress toward goals, or interest from relevant parties
Balance favors a waiverNot reached / not discussedNot reached due to failure on second prong; decision reserves this determination

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

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