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EB-2 NIWEnergy and climateIndividualDecided March 2023Sustained

Outcome: Sustained

MAR172023_02B5203

Merit and national importanceMetWell positionedMetBalance favors a waiverMet

Our summary

Battery cell engineer with PhD seeks NIW. AAO found Director failed to adequately analyze evidence. AAO determined petitioner established substantial merit and national importance of clean energy research, was well-positioned to advance it, and that waiver would benefit the United States.

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 · Proposed clean energy research has national importance with potential broader impact demonstrated
  • Well positioned · PhD education, publication history, patent inventor status, and current employment support advancement
  • Balance favors a waiver · Importance of endeavor, qualifications, and demonstrated success establish prospective benefit to United States

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceMetProposed clean energy research has national importance with potential broader impact demonstrated
Well positionedMetPhD education, publication history, patent inventor status, and current employment support advancement
Balance favors a waiverMetImportance of endeavor, qualifications, and demonstrated success establish prospective benefit to United States

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

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