EB-2 NIWChemistry and materialsIndividualDecided July 2021Dismissed
Outcome: Dismissed
JUL202021_08B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Chemical engineer sought EB-2 exceptional ability with NIW. Proposed continuation of work on solid waste and water quality treatment. AAO dismissed appeal, finding petitioner failed to qualify for underlying EB-2 exceptional ability classification by meeting fewer than three regulatory criteria and failed first Dhanasar prong on national importance.
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 lacks demonstrated national importance; no evidence work published or utilized beyond employer company.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacks demonstrated national importance; no evidence work published or utilized beyond employer company. |
 Well positioned | Not reached / not discussed | Decision reserved this issue as petitioner failed first prong, making second and third prong analysis unnecessary. |
 Balance favors a waiver | Not reached / not discussed | Decision reserved this issue as petitioner failed first prong, making second and third prong analysis unnecessary. |
A published decision describes one case. It is not legal advice and not a prediction for yours.