EB-2 NIWEnergy and climateIndividualDecided 2020Dismissed
Outcome: Dismissed
JUL212020_05B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Energy policy researcher with advanced degree sought NIW for EB-2. AAO found proposed energy research had substantial merit and national importance but dismissed appeal, concluding petitioner failed to demonstrate being well positioned to advance the endeavor without sufficient evidence of means or track record.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Merit and national importance · AAO agreed with Director that proposed energy policy research endeavor has substantial merit and national importance.
What was missing
- Well positioned · Insufficient evidence of means, financial support, or track record demonstrating petitioner well positioned to advance proposed energy policy research in the United States.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | AAO agreed with Director that proposed energy policy research endeavor has substantial merit and national importance. |
 Well positioned | Not met | Insufficient evidence of means, financial support, or track record demonstrating petitioner well positioned to advance proposed energy policy research in the United States. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed second prong; third prong balancing analysis unnecessary. |
A published decision describes one case. It is not legal advice and not a prediction for yours.