EB-2 NIWElectrical and electronic engineeringEmployerDecided November 2024Dismissed
Outcome: Dismissed
NOV202024_04B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A company petitioned for an industrial automation specialist seeking EB-2 exceptional ability classification with a national interest waiver. The service center denied it and dismissed a motion to reconsider. The AAO dismissed the appeal because the petitioner addressed the original denial, not errors in the motion dismissal, and tried to materially change the petition.
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
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Director found national importance lacking; AAO reviewed only the motion dismissal, not this prong. |
 Well positioned | Not reached / not discussed | Not analyzed; appeal limited to whether the motion to reconsider was properly dismissed. |
 Balance favors a waiver | Not reached / not discussed | Not analyzed; appeal limited to whether the motion to reconsider was properly dismissed. |
A published decision describes one case. It is not legal advice and not a prediction for yours.