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EB-2 NIWEnergy and climateIndividualDecided March 2026Dismissed

Outcome: Dismissed

MAR272026_02B5203

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

Our summary

A clean energy specialist sought EB-2 national interest waiver as advanced degree professional. AAO agreed underlying EB-2 eligibility was met but found proposed endeavor had substantial merit but not national importance under Dhanasar. Petitioner showed only local economic potential, not broader prospective national impact. Appeal dismissed.

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 · Substantial merit established in science/technology; national importance not demonstrated beyond local potential.

Criteria

CriterionReadingWhy
Merit and national importanceNot metSubstantial merit established in science/technology; national importance not demonstrated beyond local potential.
Well positionedNot reached / not discussedFirst prong failed; second prong not reached per Bagamasbad doctrine.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached per Bagamasbad doctrine.

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

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