EB-2 NIWCivil and environmental engineeringEmployerDecided August 2024Dismissed
Outcome: Dismissed
AUG222024_06B5203
Merit and national importanceNot reached / not discussedWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A civil engineer with advanced degree sought EB-2 NIW. Under Dhanasar, the AAO found he failed the second prong: his business plan, progress, and evidence of investor or customer interest did not establish he was well-positioned to advance his proposed endeavor. The appeal was dismissed without addressing the first and third prongs.
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
- Well positioned · Business plan, progress toward goals, and interest from potential customers, investors or relevant parties insufficient to demonstrate positioning.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Not reached; second prong failure is dispositive. |
 Well positioned | Not met | Business plan, progress toward goals, and interest from potential customers, investors or relevant parties insufficient to demonstrate positioning. |
 Balance favors a waiver | Not reached / not discussed | Not reached; second prong failure is dispositive. |
A published decision describes one case. It is not legal advice and not a prediction for yours.