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EB-2 NIWMechanical and aerospace engineeringIndividualDecided January 2024Dismissed

Outcome: Dismissed

JAN262024_06B5203

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

Our summary

An aeronautical engineer holding an advanced degree sought EB-2 national interest waiver. The AAO found him eligible for underlying EB-2 classification but concluded his proposed endeavor lacked national importance under Dhanasar's first prong, as his work benefited only his employer without demonstrating broader industry impact or significant U.S. employment potential. The appeal was 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 work for employer does not extend beyond company to broader industry; no demonstrated national importance or significant employment potential.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner's work for employer does not extend beyond company to broader industry; no demonstrated national importance or significant employment potential.
Well positionedNot reached / not discussedFirst prong failed; second and third Dhanasar prongs reserved per Bagamasbad standard.
Balance favors a waiverNot reached / not discussedFirst prong failed; second and third Dhanasar prongs reserved per Bagamasbad standard.

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

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