sustained EB-2 NIW Case: Biochemistry And Molecular Biology
Decision Summary
The appeal was sustained because the AAO found the petitioner met the three-prong test for a national interest waiver. While the director agreed the work had intrinsic merit and was national in scope, the denial was based on the petitioner's failure to demonstrate a significant past impact. The AAO overturned this, giving significant weight to testimony from highly acclaimed experts who credited the petitioner with independent discoveries, thus establishing that he would serve the national interest to a greater degree than a minimally qualified U.S. worker.
Criteria Discussed
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft with AAO-aware legal structure
MeritDraft helps you turn research into a criteria-based petition draft with organized evidence, legal framing, and attorney-ready structure.
Start a Criteria-Based Draft →No credit card required. Generate your first petition draft in minutes.