EB-2 NIWCivil and environmental engineeringIndividualDecided April 2025Dismissed
Outcome: Dismissed
APR292025_05B5203
Merit and national importanceMetWell positionedMetBalance favors a waiverNot met
Our summary
Civil engineer with doctoral research on sustainable construction materials claimed an NIW. AAO found the proposed endeavor had substantial merit and national importance, and the petitioner was well-positioned to advance it, but rejected the waiver because evidence did not establish the national interest was sufficiently urgent to bypass labor certification.
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 · Service center found substantial merit and national importance; AAO did not disturb this finding
- Well positioned · AAO found petitioner met this prong based on education, research progress, and expert testimony
What was missing
- Balance favors a waiver · Evidence insufficient to show national interest urgent enough to forgo labor certification; no demonstration of impracticality or unavailability of other workers
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Service center found substantial merit and national importance; AAO did not disturb this finding |
 Well positioned | Met | AAO found petitioner met this prong based on education, research progress, and expert testimony |
 Balance favors a waiver | Not met | Evidence insufficient to show national interest urgent enough to forgo labor certification; no demonstration of impracticality or unavailability of other workers |
A published decision describes one case. It is not legal advice and not a prediction for yours.