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EB-2 NIWCivil and environmental engineeringIndividualDecided June 2023Dismissed

Outcome: Dismissed

JUN212023_01B5203

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

Our summary

Environmental manager with advanced degree sought national interest waiver for EB-2 classification. AAO dismissed appeal because petitioner failed to establish national importance of specific proposed endeavor in occupational health and safety; submitted generic evidence without connecting to broader field implications.

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 failed to establish national importance of specific proposed endeavor; submitted generalized climate change materials without connecting to localized occupational safety work

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner failed to establish national importance of specific proposed endeavor; submitted generalized climate change materials without connecting to localized occupational safety work
Well positionedNot reached / not discussedAAO reserved argument on remaining prongs after first prong failure determined appeal outcome
Balance favors a waiverNot reached / not discussedAAO reserved argument on remaining prongs after first prong failure

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

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