EB-2 NIWMechanical and aerospace engineeringIndividualDecided October 2023Dismissed
Outcome: Dismissed
OCT302023_03B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
Manufacturing engineering manager sought EB-2 NIW. AAO dismissed, holding that although petitioner qualifies as an advanced degree professional and is well positioned to advance the endeavor, it lacks national importance because it does not demonstrate sufficient prospective impact on the field or nation.
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
- Well positioned · Director determined petitioner is well positioned to advance the endeavor under second prong
What was missing
- Merit and national importance · Manufacturing engineering manager role lacks national importance; no evidence of prospective impact beyond specific employer or broader industry
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Manufacturing engineering manager role lacks national importance; no evidence of prospective impact beyond specific employer or broader industry |
 Well positioned | Met | Director determined petitioner is well positioned to advance the endeavor under second prong |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong fails; decision declines to address remaining prongs |
A published decision describes one case. It is not legal advice and not a prediction for yours.