EB-2 NIWCivil and environmental engineeringIndividualDecided January 2026Dismissed
Outcome: Dismissed
JAN152026_01B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot met
Our summary
Civil engineer with Ph.D. sought NIW for research on structural reliability and truck platooning safety. AAO found endeavor had substantial merit and national importance but dismissed appeal because petitioner failed to show he was well positioned to advance it or that waiving labor certification would benefit the nation.
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 found proposed endeavor in structural reliability and truck platooning has substantial merit and national importance.
What was missing
- Well positioned · Citations to work insufficient; no record of obtaining grant funding as primary researcher; education alone insufficient.
- Balance favors a waiver · Contributions not sufficiently valuable to outweigh benefits of labor certification process protecting U.S. workers.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | AAO found proposed endeavor in structural reliability and truck platooning has substantial merit and national importance. |
 Well positioned | Not met | Citations to work insufficient; no record of obtaining grant funding as primary researcher; education alone insufficient. |
 Balance favors a waiver | Not met | Contributions not sufficiently valuable to outweigh benefits of labor certification process protecting U.S. workers. |
A published decision describes one case. It is not legal advice and not a prediction for yours.