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EB-2 NIWEnergy and climateIndividualDecided August 2024Dismissed

Outcome: Dismissed

AUG262024_12B5203

Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed

Our summary

A climate scientist sought EB-2 NIW classification. The AAO found the endeavor of improving climate models has substantial merit and national importance, meeting the first prong. However, the petitioner failed to establish he is well-positioned to advance it, and the balance prong was not reached. Appeal dismissed.

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 · Decision found proposed endeavor of improving climate models has substantial merit and national importance aligned with White House climate priorities.

What was missing

  • Well positioned · Decision concluded petitioner did not establish he is well-positioned to advance the proposed endeavor.

Criteria

CriterionReadingWhy
Merit and national importanceMetDecision found proposed endeavor of improving climate models has substantial merit and national importance aligned with White House climate priorities.
Well positionedNot metDecision concluded petitioner did not establish he is well-positioned to advance the proposed endeavor.
Balance favors a waiverNot reached / not discussedThird prong reserved because petitioner failed second prong; no analysis of balance performed.

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

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