EB-2 NIWMechanical and aerospace engineeringIndividualDecided August 2023Dismissed
Outcome: Dismissed
AUG022023_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Mining technician seeking NIW for advanced-degree EB-2. AAO found petitioner failed to establish EB-2 underlying qualification and, separately, failed to demonstrate national importance of specific mining engineering services endeavor despite industry-wide significance. Appeal dismissed on both independent bases.
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 lacks national importance; mining technician services to companies insufficient
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacks national importance; mining technician services to companies insufficient |
 Well positioned | Not reached / not discussed | Not reached because first prong failed on national importance |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed on national importance |
A published decision describes one case. It is not legal advice and not a prediction for yours.