EB-2 NIWMechanical and aerospace engineeringEmployerDecided April 2026Dismissed
Outcome: Dismissed
APR292026_02B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Research engineer with mechanical engineering doctorate sought EB-2 NIW for HVAC&R systems research. AAO found the proposed endeavor has substantial merit and national importance but dismissed appeal because petitioner failed to show he is well positioned to advance it without his current employment, lacking independent funding and demonstrating field adoption.
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 · AAO found petitioner demonstrated substantial merit and national importance of HVAC&R systems research for energy efficiency.
What was missing
- Well positioned · Petitioner holds doctorate but lacks sufficient evidence of field adoption, secured funding, or ability to advance endeavor independent of current employment.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | AAO found petitioner demonstrated substantial merit and national importance of HVAC&R systems research for energy efficiency. |
 Well positioned | Not met | Petitioner holds doctorate but lacks sufficient evidence of field adoption, secured funding, or ability to advance endeavor independent of current employment. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed second Dhanasar prong; third prong analysis reserved. |
A published decision describes one case. It is not legal advice and not a prediction for yours.