EB-2 NIWMechanical and aerospace engineeringIndividualDecided 2026Dismissed
Outcome: Dismissed
JUL082026_10B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Mining engineer sought EB-2 with national interest waiver to improve domestic mining of critical minerals through block-cave mining expertise. AAO dismissed, finding the proposed endeavor lacked national importance because evidence only demonstrated importance of the critical minerals field itself and benefits to individual companies, not broader implications for the mining industry.
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 confused importance of critical minerals industry with national importance of his specific block-cave mining work; evidence showed only company-specific benefits, not broader industry impact
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner confused importance of critical minerals industry with national importance of his specific block-cave mining work; evidence showed only company-specific benefits, not broader industry impact |
 Well positioned | Not reached / not discussed | Not reached because petitioner failed first prong; AAO reserved determination of second and third prongs |
 Balance favors a waiver | Not reached / not discussed | Not reached; AAO declined to address third prong as first prong failure was dispositive |
A published decision describes one case. It is not legal advice and not a prediction for yours.