Outcome: Dismissed
JAN112023_05B5203
Our summary
A mechanical engineer sought NIW classification for research on ocean energy conversion using vortex-induced vibration. The AAO affirmed dismissal, finding the proposed research had substantial merit and national importance but the petitioner failed to demonstrate he was well-positioned to advance it despite his advanced degree.
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 · Director determined substantial merit and national importance of ocean energy conversion research; AAO did not disturb.
What was missing
- Well positioned · Petitioner failed to demonstrate well-positioned status through publications, citations, funding, or record of success in advancing proposed endeavor.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Director determined substantial merit and national importance of ocean energy conversion research; AAO did not disturb. | |
| Not met | Petitioner failed to demonstrate well-positioned status through publications, citations, funding, or record of success in advancing proposed endeavor. | |
| Not reached / not discussed | Third prong analysis reserved after failure of second prong. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
