Skip to content
Merito
← Back to results
EB-2 NIWMechanical and aerospace engineeringEmployerDecided 2026Dismissed

Outcome: Dismissed

FEB132026_03B5203

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

Our summary

A mechanical engineer sought EB-2 NIW for advanced manufacturing systems. Between filing and appeal, he materially changed his proposed endeavor to intelligent road-signaling systems. AAO dismissed, holding petitioner failed to establish substantive nature of work he proposes and cannot remedy filing deficiencies with materially different evidence on appeal.

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

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedPetitioner made material changes to proposed endeavor between filing and appeal, rendering substantive evaluation impossible.
Well positionedNot reached / not discussedNot reached due to material changes to proposed endeavor; Dhanasar framework cannot apply to multiple different proposed endeavors.
Balance favors a waiverNot reached / not discussedNot reached due to material changes to proposed endeavor; Dhanasar framework cannot apply to multiple different proposed endeavors.

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

Similar decisions

Decisions whose text is closest to this one.