EB-2 NIWMechanical and aerospace engineeringEmployerDecided June 2024Dismissed
Outcome: Dismissed
JUN112024_10B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A mechanical engineer and researcher in additive manufacturing sought employer-sponsored EB-2 NIW for research benefiting aerospace and military industries. The AAO reversed the service center on prong one but dismissed the appeal because the petitioner failed to demonstrate she was well positioned to advance the endeavor through prior success or external support.
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 · Petitioner established national importance through expert letters demonstrating research contributes to aerospace and defense manufacturing capabilities with broader field implications.
What was missing
- Well positioned · Petitioner lacked record of success in related efforts, progress toward endeavor, or demonstrated interest from entities beyond current institutions.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Petitioner established national importance through expert letters demonstrating research contributes to aerospace and defense manufacturing capabilities with broader field implications. |
 Well positioned | Not met | Petitioner lacked record of success in related efforts, progress toward endeavor, or demonstrated interest from entities beyond current institutions. |
 Balance favors a waiver | Not reached / not discussed | Not reached because second prong fails; decision reserves determination. |
A published decision describes one case. It is not legal advice and not a prediction for yours.