EB-2 NIWMechanical and aerospace engineeringIndividualDecided 2020Dismissed
Outcome: Dismissed
JUL212020_06B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Aerospace engineering researcher with Ph.D. seeking national interest waiver. First Dhanasar prong met: proposed research has substantial merit and national importance. Appeal dismissed on second prong: insufficient evidence that beneficiary is well positioned to advance proposed research; publications and peer review activity do not constitute adequate record of success.
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 · Record demonstrates substantial merit and national importance of proposed aerospace engineering research involving network techniques and intelligent systems.
What was missing
- Well positioned · Evidence insufficient; beneficiary's research, publications, and peer review activity do not show he is well positioned to advance proposed research or broader record of success.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Record demonstrates substantial merit and national importance of proposed aerospace engineering research involving network techniques and intelligent systems. |
 Well positioned | Not met | Evidence insufficient; beneficiary's research, publications, and peer review activity do not show he is well positioned to advance proposed research or broader record of success. |
 Balance favors a waiver | Not reached / not discussed | Not reached because second prong failed; further discussion would serve no meaningful purpose. |
A published decision describes one case. It is not legal advice and not a prediction for yours.