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EB-2 NIWMechanical and aerospace engineeringEmployerDecided June 2026Dismissed

Outcome: Dismissed

JUN032026_01B5203

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

Our summary

An automotive company petitioned to employ a process controls engineer under EB-2 NIW, claiming the EV battery assembly work has national importance. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance under Dhanasar's first prong, as impact appears limited to employer and immediate business partners rather than industry-wide.

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 national importance; impact appears localized to employer and immediate customers.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor lacks national importance; impact appears localized to employer and immediate customers.
Well positionedNot reached / not discussedNot reached because first prong dispositive failure; decision reserved analysis of remaining prongs.
Balance favors a waiverNot reached / not discussedNot reached because first prong dispositive failure; decision reserved analysis of remaining prongs.

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

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