EB-2 NIWMechanical and aerospace engineeringIndividualDecided 2020Dismissed
Outcome: Dismissed
JUL242020_02B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Mechanical engineering researcher with Ph.D. sought NIW for EB-2 advanced degree classification. AAO found his proposed nanoparticle research met the substantial merit and national importance prong but failed the second prong: insufficient evidence he was well positioned to advance the endeavor through funding history and citations.
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 · Proposed nanoparticle mechanism research in biological and geological systems documented as substantial and nationally important
What was missing
- Well positioned · Citation counts post-date filing; insufficient evidence of major funding or primary responsibility for grants; academic accomplishments alone insufficient
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Proposed nanoparticle mechanism research in biological and geological systems documented as substantial and nationally important |
 Well positioned | Not met | Citation counts post-date filing; insufficient evidence of major funding or primary responsibility for grants; academic accomplishments alone insufficient |
 Balance favors a waiver | Not reached / not discussed | Second prong failed; third prong analysis not needed when petitioner does not meet second prong requirement |
A published decision describes one case. It is not legal advice and not a prediction for yours.