EB-2 NIWMechanical and aerospace engineeringIndividualDecided March 2024Dismissed
Outcome: Dismissed
MAR222024_05B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Power systems project manager with advanced degree petitioned for NIW based on employment with electrical systems company. Claimed all three Dhanasar prongs. AAO found endeavor lacks national importance beyond employer and customers, lacks broader industry implications, and dismissed appeal without addressing remaining prongs.
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 · Proposed endeavor of electrical equipment and systems work for employer lacks demonstration of national importance beyond company and customers.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor of electrical equipment and systems work for employer lacks demonstration of national importance beyond company and customers. |
 Well positioned | Not reached / not discussed | Director found petitioner well-positioned; first prong failure makes remaining prongs dispositive and not reached on appeal. |
 Balance favors a waiver | Not reached / not discussed | First prong failure dispositive; second and third prongs not addressed due to insufficient showing of national importance. |
A published decision describes one case. It is not legal advice and not a prediction for yours.