EB-2 NIWEnergy and climateEmployerDecided March 2026Dismissed
Outcome: Dismissed
MAR192026_02B5203
Merit and national importanceMetWell positionedMetBalance favors a waiverNot met
Our summary
A software engineer at an energy company sought EB-2 NIW for offshore infrastructure modernization work using digital-twin modeling. AAO found endeavor had substantial merit and national importance, and beneficiary was well positioned, but denied waiver because petitioner did not establish that labor certification was incompatible with the work.
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 withdrew SCOPS denial and found first prong satisfied; offshore safety and emissions reduction have national importance.
- Well positioned · AAO agreed with SCOPS that beneficiary demonstrated education, skills, and experience to advance offshore modernization work.
What was missing
- Balance favors a waiver · Petitioner failed to show labor certification is incompatible with proposed work or that national benefit outweighs job offer requirement absence.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | AAO withdrew SCOPS denial and found first prong satisfied; offshore safety and emissions reduction have national importance. |
 Well positioned | Met | AAO agreed with SCOPS that beneficiary demonstrated education, skills, and experience to advance offshore modernization work. |
 Balance favors a waiver | Not met | Petitioner failed to show labor certification is incompatible with proposed work or that national benefit outweighs job offer requirement absence. |
A published decision describes one case. It is not legal advice and not a prediction for yours.