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EB-2 NIWChemistry and materialsEmployerDecided June 2021Dismissed

Outcome: Dismissed

JUN092021_11B5203

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

Our summary

A materials scientist working for a manufacturer sought an EB-2 classification with a national interest waiver. The director had denied on the third prong. The AAO dismissed the appeal, finding the first Dhanasar prong unmet because the proposed endeavor's national importance and job creation were not shown, and reserved the remaining 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 · Endeavor's national importance not shown; process improvement for employer lacks national or global implications, and job creation was not quantified.

Criteria

CriterionReadingWhy
Merit and national importanceNot metEndeavor's national importance not shown; process improvement for employer lacks national or global implications, and job creation was not quantified.
Well positionedNot reached / not discussedDirector found it met, but the appeal decision reserved its opinion on this prong.
Balance favors a waiverNot reached / not discussedNot reached because the first prong was dispositive; third prong arguments were not addressed.

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

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