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EB-2 NIWMechanical and aerospace engineeringIndividualDecided May 2024Dismissed

Outcome: Dismissed

MAY282024_06B5203

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

Our summary

Aviation maintenance technician sought EB-2 national interest waiver to advance SMED-based aircraft inspection methodology. AAO dismissed appeal: proposed endeavor lacked national importance and petitioner failed to show he was well-positioned to advance it without concrete plans, publications, or demonstrable progress.

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 · Proposed endeavor to use SMED methodology for aircraft inspections lacked specific evidence linking it to national importance; relied on general assertion that aviation industry importance implies endeavor importance.
  • Well positioned · Petitioner had not advanced beyond general intention; no publications or conference presentations demonstrated; insufficient specific details about implementation.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor to use SMED methodology for aircraft inspections lacked specific evidence linking it to national importance; relied on general assertion that aviation industry importance implies endeavor importance.
Well positionedNot metPetitioner had not advanced beyond general intention; no publications or conference presentations demonstrated; insufficient specific details about implementation.
Balance favors a waiverNot reached / not discussedDecision found first prong dispositive; third prong not addressed.

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

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