Outcome: Dismissed
FEB022026_05B5203
Our summary
An optical imaging engineer self-petitioned for EB-2 NIW. The AAO affirmed that while the endeavor had substantial merit and national importance, the petitioner failed to establish he was well-positioned to advance it due to insufficient evidence of future plans, funding, or investor interest.
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 · SCOPS determination upheld on appeal
What was missing
- Well positioned · Lacks credible plan; recommendation letter lacked letterhead and contact information; no demonstrated funding or investor interest
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | SCOPS determination upheld on appeal | |
| Not met | Lacks credible plan; recommendation letter lacked letterhead and contact information; no demonstrated funding or investor interest | |
| Not reached / not discussed | Not reached due to failure on second prong |
A published decision describes one case. It is not legal advice and not a prediction for yours.
