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EB-2 NIWMechanical and aerospace engineeringIndividualDecided January 2023Dismissed

Outcome: Dismissed

JAN112023_05B5203

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

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

CriterionReadingWhy
Merit and national importanceMetDirector determined substantial merit and national importance of ocean energy conversion research; AAO did not disturb.
Well positionedNot metPetitioner failed to demonstrate well-positioned status through publications, citations, funding, or record of success in advancing proposed endeavor.
Balance favors a waiverNot reached / not discussedThird 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.

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