sustained EB-2 NIW Case: Biomedical Engineering
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Decision Summary
The appeal was sustained because the AAO found that the petitioner, a biomedical engineer, met all three prongs of the Dhanasar framework. The Director had incorrectly denied the petition on the second and third prongs, but the AAO determined the petitioner's Ph.D., publications, citation record, and research success demonstrated he was well-positioned to advance his proposed endeavor in cell and gene therapies. Therefore, waiving the labor certification was found to be, on balance, beneficial to the United States.
Criteria Discussed
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