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EB-2 NIWElectrical and electronic engineeringIndividualDecided May 2023Dismissed

Outcome: Dismissed

MAY252023_06B5203

Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot met

Our summary

An electrical engineer sought an EB-2 national interest waiver for a self-employed consultancy in oil and gas. The AAO affirmed dismissal, finding the engineer's expertise and work, while valuable, lacked evidence of national importance, broader field implications, or substantial economic benefit required by Dhanasar.

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 · Expertise in oil and gas engineering alone insufficient; no evidence of broader field implications or substantial economic impact.
  • Well positioned · Petitioner not well positioned to advance proposed endeavor of consultancy work.
  • Balance favors a waiver · Waiver not in national interest; does not meet discretionary standard.

Criteria

CriterionReadingWhy
Merit and national importanceNot metExpertise in oil and gas engineering alone insufficient; no evidence of broader field implications or substantial economic impact.
Well positionedNot metPetitioner not well positioned to advance proposed endeavor of consultancy work.
Balance favors a waiverNot metWaiver not in national interest; does not meet discretionary standard.

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

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