EB-2 NIWCivil and environmental engineeringIndividualDecided February 2025Dismissed
Outcome: Dismissed
FEB132025_16B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A graduate research assistant in civil engineering with a Master's degree seeks EB-2 with national interest waiver for research in construction safety, AI integration, and workspace planning. The AAO found the endeavor had substantial merit and national importance but determined the petitioner lacked sufficient demonstrated success and progress to be well positioned to advance it, denying the waiver.
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 substantial merit and national importance of proposed research in construction safety and artificial intelligence.
What was missing
- Well positioned · Petitioner's research contributions insufficient; no demonstrated record of success or progress at required level.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Decision found substantial merit and national importance of proposed research in construction safety and artificial intelligence. |
 Well positioned | Not met | Petitioner's research contributions insufficient; no demonstrated record of success or progress at required level. |
 Balance favors a waiver | Not reached / not discussed | Not reached because second prong failed; decision states third prong not discussed given second prong failure. |
A published decision describes one case. It is not legal advice and not a prediction for yours.