EB-2 NIWMechanical and aerospace engineeringIndividualDecided February 2021Dismissed
Outcome: Dismissed
FEB262021_04B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Aerospace engineer seeks NIW for EB-2 to continue research on aerodynamic and automatic control systems. AAO found proposed research met Dhanasar prong one with national importance and broader field implications. However, petitioner failed prong two: insufficient evidence showed he was well positioned to advance research despite Ph.D., publications, and support letters. Appeal dismissed.
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 · Record establishes proposed aerospace research has substantial merit and national importance with broader field implications
What was missing
- Well positioned · Insufficient evidence of capacity to advance research; citation analysis flawed and education alone insufficient
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Record establishes proposed aerospace research has substantial merit and national importance with broader field implications |
 Well positioned | Not met | Insufficient evidence of capacity to advance research; citation analysis flawed and education alone insufficient |
 Balance favors a waiver | Not reached / not discussed | Not reached because second prong failed; balancing factors analysis not necessary |
A published decision describes one case. It is not legal advice and not a prediction for yours.