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EB-2 NIWMechanical and aerospace engineeringIndividualDecided June 2023Dismissed

Outcome: Dismissed

JUN272023_03B5203

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

Our summary

Industrial engineer with advanced degree seeking EB-2 with national interest waiver to establish engineering consulting business. AAO dismissed because proposed endeavor has substantial merit but lacks national importance—work benefits specific clients and supply chain but lacks broader industry impact required by Dhanasar.

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 · Industrial engineering consulting business lacks corroborating evidence that work would impact industry broadly; only benefits proposed clients

Criteria

CriterionReadingWhy
Merit and national importanceNot metIndustrial engineering consulting business lacks corroborating evidence that work would impact industry broadly; only benefits proposed clients
Well positionedNot reached / not discussedFirst prong failure dispositive; second prong not reached per Bagamasbad
Balance favors a waiverNot reached / not discussedFirst prong failure dispositive; third prong not reached per Bagamasbad

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

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