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EB-2 NIWMechanical and aerospace engineeringEmployerDecided 2017Dismissed

Outcome: Dismissed

MAY112017_01B5203

Merit and national importanceMetWell positionedNot metBalance favors a waiverNot met

Our summary

Computational mathematics researcher petitioner sought NIW for EB-2 based on infrastructure and transportation research. AAO dismissed appeal because although proposed work met first Dhanasar prong, petitioner failed to demonstrate sufficient record of success or unique contributions to satisfy well-positioned and balancing prongs.

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 · Research using statistics and mathematics for transportation and infrastructure systems has merit and national importance

What was missing

  • Well positioned · Graduate research insufficient to demonstrate record of success or progress; no evidence of significant industry interest
  • Balance favors a waiver · Petitioner not demonstrated urgent national interest in own efforts or contributions of exceptional value

Criteria

CriterionReadingWhy
Merit and national importanceMetResearch using statistics and mathematics for transportation and infrastructure systems has merit and national importance
Well positionedNot metGraduate research insufficient to demonstrate record of success or progress; no evidence of significant industry interest
Balance favors a waiverNot metPetitioner not demonstrated urgent national interest in own efforts or contributions of exceptional value

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

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