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EB-2 NIWCivil and environmental engineeringIndividualDecided September 2021Dismissed

Outcome: Dismissed

SEP132021_01B5203

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

Our summary

Civil engineer sought EB-2 national interest waiver for residential construction business venture. Director found petitioner qualified as advanced degree holder but waiver failed. AAO agreed petitioner did not establish national importance under Dhanasar first prong; construction work lacked broader field implications.

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 · Residential construction work lacks national importance; benefits limited to petitioner's companies, investors, clients; does not broadly impact field.

Criteria

CriterionReadingWhy
Merit and national importanceNot metResidential construction work lacks national importance; benefits limited to petitioner's companies, investors, clients; does not broadly impact field.
Well positionedNot reached / not discussedFirst prong failed; further analysis of remaining prongs serves no meaningful purpose.
Balance favors a waiverNot reached / not discussedFirst prong failed; further analysis of remaining prongs serves no meaningful purpose.

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

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