EB-2 NIWMechanical and aerospace engineeringIndividualDecided June 2024Dismissed
Outcome: Dismissed
JUN052024_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Mechanical engineer with advanced degree sought NIW for EB-2 to work on offshore wind farms. AAO dismissed because petitioner failed to establish national importance of the specific proposed endeavor; references to industry importance and personal qualifications were immaterial to the first prong analysis.
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 · Petitioner's qualifications and industry importance do not establish national importance of specific offshore wind farm endeavor
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner's qualifications and industry importance do not establish national importance of specific offshore wind farm endeavor |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; Director addressed but AAO did not reach on appeal |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; issue is dispositive |
A published decision describes one case. It is not legal advice and not a prediction for yours.