EB-2 NIWElectrical and electronic engineeringEmployerDecided June 2021Dismissed
Outcome: Dismissed
JUN152021_03B5203
Merit and national importanceMetWell positionedMetBalance favors a waiverNot met
Our summary
Metallurgist with advanced degree employed as research engineer sought national interest waiver of job offer requirement for EB-2 classification. AAO found proposed 3D printing research has substantial merit and national importance, and petitioner well positioned to advance it. However, petitioner failed to demonstrate that waiver would benefit United States on balance; dismissed.
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 · AAO agreed petitioner established both substantial merit and national importance of metallurgical research endeavor
- Well positioned · Director found and AAO agreed petitioner satisfies second Dhanasar prong
What was missing
- Balance favors a waiver · Petitioner failed to show substantial rather than incremental impact; citation rate alone insufficient without demonstrated waiver necessity
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | AAO agreed petitioner established both substantial merit and national importance of metallurgical research endeavor |
 Well positioned | Met | Director found and AAO agreed petitioner satisfies second Dhanasar prong |
 Balance favors a waiver | Not met | Petitioner failed to show substantial rather than incremental impact; citation rate alone insufficient without demonstrated waiver necessity |
A published decision describes one case. It is not legal advice and not a prediction for yours.