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EB-2 NIWEnergy and climateEmployerDecided February 2024Dismissed

Outcome: Dismissed

FEB152024_01B5203

Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot met

Our summary

Project director seeking EB-2 advanced degree and NIW for renewable energy and SME development work. AAO dismissed appeal, finding endeavor ill-defined with three shifting descriptions. Substantial merit finding withdrawn; national importance not demonstrated. Even if first two prongs met, third prong failed due to insufficient evidence of factors favoring waiver.

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

  • Merit and national importance · Proposed endeavor ill-defined; expressed three disparate versions; none demonstrated national importance
  • Balance favors a waiver · Insufficient evidence of impracticality of labor certification, job creation capacity, or urgency

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor ill-defined; expressed three disparate versions; none demonstrated national importance
Well positionedNot reached / not discussedNot reached because first prong not met
Balance favors a waiverNot metInsufficient evidence of impracticality of labor certification, job creation capacity, or urgency

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

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