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EB-2 NIWElectrical and electronic engineeringIndividualDecided October 2023Dismissed

Outcome: Dismissed

OCT252023_05B5203

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

Our summary

Electrical engineer sought NIW under EB-2 as advanced degree professional. Proposed establishing engineering consulting business in automation and manufacturing. AAO dismissed, finding record did not establish national importance of specific endeavor; petitioner's experience and STEM field importance related to second prong, not endeavor's prospective impact.

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 electrical engineering consulting business lacked evidence of impact beyond own clients or employees; no demonstrated effect on field broadly

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed electrical engineering consulting business lacked evidence of impact beyond own clients or employees; no demonstrated effect on field broadly
Well positionedNot reached / not discussedNot analyzed because first prong failed; decision reserved opinion on remaining prongs
Balance favors a waiverNot reached / not discussedNot analyzed because first prong failed; decision reserved opinion on remaining prongs

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

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