dismissed EB-2 NIW Case: Medical Research
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Decision Summary
The appeal was dismissed because the petitioner failed to first establish eligibility for the underlying EB-2 classification as an individual of exceptional ability. The petitioner argued that her rare genetic status and long-term participation as a subject in an important NIH study constituted 'comparable evidence' of exceptional ability, but the AAO found this did not demonstrate a 'degree of expertise significantly above that ordinarily encountered' in the sciences.
Criteria Discussed
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