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EB-2 NIWMechanical and aerospace engineeringIndividualDecided 2019Dismissed

Outcome: Dismissed

JAN032019_01B5203

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

Our summary

An engineering consultant seeking NIW classification proposed working as a self-employed consultant providing engineering services. The AAO dismissed the appeal because his proposed endeavor, though having merit, lacks national importance as defined by Dhanasar; specific consulting projects lack broader economic implications required.

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 engineering consulting work lacks broader implications beyond specific projects and clients

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed engineering consulting work lacks broader implications beyond specific projects and clients
Well positionedNot reached / not discussedFirst prong failed; further analysis unnecessary per Dhanasar framework
Balance favors a waiverNot reached / not discussedFirst prong failed; further analysis unnecessary per Dhanasar framework

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

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