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EB-2 NIWElectrical and electronic engineeringIndividualDecided January 2025Dismissed

Outcome: Dismissed

JAN152025_01B5203

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

Our summary

Electrical engineer claiming EB-2 with national interest waiver. AAO agreed first prong met but found petitioner failed to demonstrate she was well positioned to advance proposed research endeavor, lacking evidence of grant funding, significant research impact, or specific future plan. Appeal dismissed.

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 · AAO withdrew Director's determination and found substantial merit and national importance established.

What was missing

  • Well positioned · Academic degree insufficient; publication/citation record insufficient; no evidence of grant funding received by petitioner.

Criteria

CriterionReadingWhy
Merit and national importanceMetAAO withdrew Director's determination and found substantial merit and national importance established.
Well positionedNot metAcademic degree insufficient; publication/citation record insufficient; no evidence of grant funding received by petitioner.
Balance favors a waiverNot reached / not discussedNot reached because second 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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