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EB-2 NIWMechanical and aerospace engineeringEmployerDecided January 2024Dismissed

Outcome: Dismissed

JAN252024_05B5203

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

Our summary

Mechanical engineer seeking national interest waiver for EB-2 exceptional ability classification. Petitioner proposed either employment or founding consulting startup. AAO found proposed endeavor lacked specific national importance; generalized industry references insufficient under Dhanasar; appeal dismissed.

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 · Petitioner's vague mechanical engineering employment or startup consulting lacks specific national importance; industry importance insufficient.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner's vague mechanical engineering employment or startup consulting lacks specific national importance; industry importance insufficient.
Well positionedNot reached / not discussedFirst prong failed; second prong reserved and not analyzed.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong reserved and not analyzed.

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

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