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EB-2 NIWCivil and environmental engineeringIndividualDecided January 2025Dismissed

Outcome: Dismissed

JAN082025_04B5203

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

Our summary

Health and safety engineer claiming EB-2 with national interest waiver. AAO affirmed that claimed endeavor lacks national importance despite proposing work in construction and rail safety; field importance alone insufficient without evidence of prospective impact. 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 · Working in important field insufficient; merely claiming field shortage insufficient; financial projections lack basis; no evidence of national importance impact.

Criteria

CriterionReadingWhy
Merit and national importanceNot metWorking in important field insufficient; merely claiming field shortage insufficient; financial projections lack basis; no evidence of national importance impact.
Well positionedNot reached / not discussedDirector found this prong met but AAO declined to reach it because first prong dispositive and agencies not required to make advisory findings.
Balance favors a waiverNot reached / not discussedNot reached because first prong not met; agencies not required to make advisory findings on unnecessary issues.

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

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