EB-2 NIWElectrical and electronic engineeringIndividualDecided February 2023Dismissed
Outcome: Dismissed
FEB092023_02B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
An electrical engineer with a master's degree in engineering seeks NIW for EB-2 as self-petitioner. AAO found substantial merit and national importance of his research endeavor but dismissed because he failed to show he is well positioned to advance it; his temporary Ph.D. student position, prospective postdoc role, and published work lacked demonstrated impact on field.
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 petitioner established substantial merit and national importance of proposed endeavor
What was missing
- Well positioned · Record insufficient; master's degree alone not enough; temporary position and lack of demonstrated impact on field
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Decision found petitioner established substantial merit and national importance of proposed endeavor |
 Well positioned | Not met | Record insufficient; master's degree alone not enough; temporary position and lack of demonstrated impact on field |
 Balance favors a waiver | Not reached / not discussed | First prong satisfied but second prong failed; third prong not reached |
A published decision describes one case. It is not legal advice and not a prediction for yours.