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EB-2 NIWCivil and environmental engineeringIndividualDecided May 2023Dismissed

Outcome: Dismissed

MAY082023_02B5203

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

Our summary

A civil engineer sought EB-2 advanced degree classification with NIW. The AAO accepted advanced degree eligibility but dismissed the petition because the petitioner failed to consistently articulate a single, well-defined proposed endeavor, preventing meaningful analysis of its merit, national importance, or positioning.

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 · Petitioner's proposed endeavor was unclear and shifted during proceedings, preventing analysis of merit and national importance
  • Well positioned · Petitioner presented competing proposed endeavors, making individualized assessment of positioning impossible

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner's proposed endeavor was unclear and shifted during proceedings, preventing analysis of merit and national importance
Well positionedNot metPetitioner presented competing proposed endeavors, making individualized assessment of positioning impossible
Balance favors a waiverNot reached / not discussedFirst and second Dhanasar prongs not satisfied; third prong not reached

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

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