EB-2 NIWMechanical and aerospace engineeringIndividualDecided October 2024Dismissed
Outcome: Dismissed
OCT022024_04B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Safety engineer seeking EB-2 national interest waiver claiming endeavor would reduce workplace injuries and improve safety programs. AAO held endeavor had substantial merit but lacked national importance; claimed benefits from training, automation, and best practices would benefit only specific employers and customers without broader industry implications commensurate with national importance.
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 · Safety engineering endeavor lacks demonstrated national importance; claimed training and industry standards development benefit only immediate employers and clients without broader field impact.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Safety engineering endeavor lacks demonstrated national importance; claimed training and industry standards development benefit only immediate employers and clients without broader field impact. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; court declined to address remaining prongs as first prong failure was dispositive. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; court declined to address remaining prongs as first prong failure was dispositive. |
A published decision describes one case. It is not legal advice and not a prediction for yours.