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EB-2 NIWCivil and environmental engineeringIndividualDecided January 2026Dismissed

Outcome: Dismissed

JAN052026_05B5203

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

Our summary

Civil engineer seeking EB-2 with national interest waiver claims he will develop hydrologic and hydraulic models to forecast flooding impacts. AAO held he did not establish national importance of the specific proposed endeavor, as it showed no control over projects or implications beyond his employer; not well-positioned to advance it; appeal dismissed.

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 lacks national importance; specific projects not shown to have broad implications beyond employer.
  • Well positioned · Publication and citation record insufficient; conference invitation addressed to colleague, not petitioner.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor lacks national importance; specific projects not shown to have broad implications beyond employer.
Well positionedNot metPublication and citation record insufficient; conference invitation addressed to colleague, not petitioner.
Balance favors a waiverNot reached / not discussedFirst and second prongs failed; third prong analysis reserved as not dispositive.

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

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