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EB-2 NIWEducation and academiaIndividualDecided May 2024Dismissed

Outcome: Dismissed

MAY162024_01B5203

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

Our summary

A system engineer with a doctorate in management science and engineering seeks EB-2 classification and national interest waiver to operate a digitized international online university. He submitted published articles and job announcements as evidence of positioning. The AAO dismissed the appeal, finding he failed the second prong: his earlier research and cited positions lack sufficient connection to the proposed university endeavor, and the university itself exists only in planning stages.

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

  • Well positioned · Not well positioned to advance online university. Research articles lack demonstrated connection to proposed endeavor; job announcements unrelated; university appears in planning stages only.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedDispositive issue is second prong; first prong not discussed in detail, decision reserved on it.
Well positionedNot metNot well positioned to advance online university. Research articles lack demonstrated connection to proposed endeavor; job announcements unrelated; university appears in planning stages only.
Balance favors a waiverNot reached / not discussedSecond prong dispositive; third prong arguments reserved.

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

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