EB-2 NIWElectrical and electronic engineeringEmployerDecided September 2024Dismissed
Outcome: Dismissed
SEP042024_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Electrical engineer sought EB-2 with national interest waiver. Claimed his electromagnetic compatibility testing and aircraft lightning protection work had national importance. AAO dismissed, finding petitioner showed field importance but not how his individual work would have broader implications or substantial economic effects as required.
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 · Record established substantial merit but not national importance; petitioner's specific EMC/EMI testing work lacked broader field implications required.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Record established substantial merit but not national importance; petitioner's specific EMC/EMI testing work lacked broader field implications required. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; decision reserved analysis under conservation doctrine. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; decision reserved analysis under conservation doctrine. |
A published decision describes one case. It is not legal advice and not a prediction for yours.