EB-2 NIWMechanical and aerospace engineeringIndividualDecided February 2024Dismissed
Outcome: Dismissed
FEB082024_04B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Engineer and technologist sought NIW for EB-2 to research UAV aerodynamics for civilian applications. AAO dismissed; while endeavor has national importance, petitioner failed second prong: advanced degrees and engineer-in-training status insufficient without demonstrated success, progress, or relevant published research.
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 · Director and AAO agreed proposed endeavor researching UAV aerodynamics for civilian application has substantial merit and national importance.
What was missing
- Well positioned · Petitioner's academic credentials and engineer-in-training certification insufficient; unpublished research and lack of progress toward endeavor demonstrate poor positioning.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Director and AAO agreed proposed endeavor researching UAV aerodynamics for civilian application has substantial merit and national importance. |
 Well positioned | Not met | Petitioner's academic credentials and engineer-in-training certification insufficient; unpublished research and lack of progress toward endeavor demonstrate poor positioning. |
 Balance favors a waiver | Not reached / not discussed | AAO reserved opinion; second prong failed so third prong not reached. |
A published decision describes one case. It is not legal advice and not a prediction for yours.