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EB-2 NIWEnergy and climateIndividualDecided July 2026Dismissed

Outcome: Dismissed

JUL232026_03B5203

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

Our summary

A drilling engineer with an advanced degree sought an EB-2 national interest waiver for a predictive maintenance project. The AAO found the endeavor has substantial merit but lacks demonstrated national importance beyond the employer and immediate business partners, failing the first Dhanasar prong. The appeal was dismissed without reaching the second and third prongs.

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 has substantial merit but lacks national importance; evidence focused on employer and business partners, not broader national impact.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor has substantial merit but lacks national importance; evidence focused on employer and business partners, not broader national impact.
Well positionedNot reached / not discussedFirst prong failed; decision does not reach second prong of Dhanasar framework.
Balance favors a waiverNot reached / not discussedFirst prong failed; decision does not reach third prong of Dhanasar framework.

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

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