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EB-2 NIWOtherEmployerDecided April 2026Dismissed

Outcome: Dismissed

APR292026_01B5203

Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

Industrial product company petitioned for an EB-2 national interest waiver for a product engineering team lead with a master's in mechanical engineering. The AAO dismissed the appeal, finding the petitioner failed to establish the proposed endeavor's substantial merit and national importance under Dhanasar's first prong, lacking sufficient detail on how the work would impact U.S. infrastructure beyond the company.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

  • Merit and national importance · Proposed endeavor lacked detail and specificity; general statements about skills and potential impact insufficient to establish national importance.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor lacked detail and specificity; general statements about skills and potential impact insufficient to establish national importance.
Well positionedNot reached / not discussedNot reached because first prong failed; decision reserved analysis of remaining prongs.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; decision reserved analysis of remaining prongs.

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

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