EB-2 NIWCivil and environmental engineeringIndividualDecided May 2025Dismissed
Outcome: Dismissed
MAY212025_01B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot met
Our summary
A seismic structural engineer with advanced degrees seeks EB-2 national interest waiver. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner was not well-positioned to advance it because current employment focused on unrelated work, and the balance did not favor waiver.
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 · AAO withdrew SCOPS denial; found endeavor in structural engineering research has substantial merit and national importance
What was missing
- Well positioned · AAO found petitioner not well-positioned; since completing Ph.D., working on user engagement rather than structural engineering research
- Balance favors a waiver · Record does not satisfy the third prong of Dhanasar framework
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | AAO withdrew SCOPS denial; found endeavor in structural engineering research has substantial merit and national importance |
 Well positioned | Not met | AAO found petitioner not well-positioned; since completing Ph.D., working on user engagement rather than structural engineering research |
 Balance favors a waiver | Not met | Record does not satisfy the third prong of Dhanasar framework |
A published decision describes one case. It is not legal advice and not a prediction for yours.