EB-2 NIWElectrical and electronic engineeringIndividualDecided October 2024Dismissed
Outcome: Dismissed
OCT082024_02B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Electrical and computer engineering researcher with master's degree sought EB-2 classification and national interest waiver. AAO found the proposed research endeavor has national importance but dismissed appeal because petitioner failed to demonstrate being well-positioned to advance it.
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
- Merit and national importance · Decision found proposed research endeavor has both substantial merit and national importance with broader field implications.
What was missing
- Well positioned · Petitioner did not establish sufficient qualifications or capacity to advance the proposed electrical power engineering research.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Decision found proposed research endeavor has both substantial merit and national importance with broader field implications. |
 Well positioned | Not met | Petitioner did not establish sufficient qualifications or capacity to advance the proposed electrical power engineering research. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed on second prong; third prong analysis reserved. |
A published decision describes one case. It is not legal advice and not a prediction for yours.