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EB-2 NIWMechanical and aerospace engineeringIndividualDecided January 2024Dismissed

Outcome: Dismissed

JAN172024_04B5203

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

Our summary

A mechanical engineer proposed to work in heavy equipment maintenance and repair. AAO dismissed the appeal because the proposed endeavor lacked national importance; it would impact only his customers and employers, not the automotive industry broadly, and showed no significant U.S. job creation or economic benefits.

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 · Proposed endeavor in heavy equipment maintenance lacks prospective impact beyond employer and customers; no national or regional industry implications demonstrated.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor in heavy equipment maintenance lacks prospective impact beyond employer and customers; no national or regional industry implications demonstrated.
Well positionedNot reached / not discussedFirst prong failure was dispositive; decision reserved remaining Dhanasar prongs.
Balance favors a waiverNot reached / not discussedFirst prong failure was dispositive; decision reserved remaining Dhanasar prongs.

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

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