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EB-2 NIWEnergy and climateIndividualDecided October 2023Dismissed

Outcome: Dismissed

OCT162023_01B5203

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

Our summary

An engineer sought NIW classification to establish a solar energy installation company. The AAO dismissed, finding the proposed endeavor lacked national importance; while installing residential, commercial, and industrial solar systems benefits the petitioner and clients, the record showed no evidence of national or global field implications or process improvements contemplated 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 · Solar energy installation business lacks evidence of national or global field implications; installation methods not demonstrated as process improvements; client numbers and employment numbers insufficient for national importance.

Criteria

CriterionReadingWhy
Merit and national importanceNot metSolar energy installation business lacks evidence of national or global field implications; installation methods not demonstrated as process improvements; client numbers and employment numbers insufficient for national importance.
Well positionedNot reached / not discussedDirector acknowledged petitioner established substantial merit and positioning but decision reserved judgment on second prong given first prong failure.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; decision reserved judgment on third prong.

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

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