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EB-2 NIWMechanical and aerospace engineeringIndividualDecided December 2022Dismissed

Outcome: Dismissed

DEC012022_01B5203

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

Our summary

Mechanical engineer sought NIW for self-directed endeavor in product development and quality management. AAO held the proposed endeavor lacks national importance because it serves only the employer and clients, not the broader nation, and general industry importance does not establish specific endeavor importance under Dhanasar.

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 limited to providing services to employer and clients; lacks national or broader implications required by Dhanasar framework

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor limited to providing services to employer and clients; lacks national or broader implications required by Dhanasar framework
Well positionedNot reached / not discussedFirst prong failed; second prong not reached as decision reserves opinion on remaining prongs
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached as decision reserves opinion on remaining prongs

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

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