EB-2 NIWMechanical and aerospace engineeringIndividualDecided May 2024Dismissed
Outcome: Dismissed
MAY232024_08B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
An industrial engineer proposing a small gold-plating production plant. AAO found petitioner qualified as advanced degree professional and was well positioned to advance the endeavor, but failed to establish national importance of the specific proposed business, confusing field importance with endeavor importance.
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
- Well positioned · Director and AAO acknowledged petitioner well positioned to advance endeavor
What was missing
- Merit and national importance · Small gold-plating plant lacks national scope; benefits limited to petitioner's clients
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Small gold-plating plant lacks national scope; benefits limited to petitioner's clients |
 Well positioned | Met | Director and AAO acknowledged petitioner well positioned to advance endeavor |
 Balance favors a waiver | Not reached / not discussed | First prong failure dispositive; third prong not reached |
A published decision describes one case. It is not legal advice and not a prediction for yours.