EB-2 NIWMechanical and aerospace engineeringIndividualDecided September 2021Dismissed
Outcome: Dismissed
SEP152021_02B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Structural engineer seeking NIW as assistant professor and researcher. Proposed endeavor materially changed after filing from researcher role to professor-researcher hybrid; national importance not established; petitioner failed to address director's conclusions on appeal.
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 · Director found substantial merit but concluded national importance not established; qualified statement about research contradicted by overall decision
- Well positioned · Director concluded qualifications insufficient; benefits do not outweigh labor certification process
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Director found substantial merit but concluded national importance not established; qualified statement about research contradicted by overall decision |
 Well positioned | Not met | Director concluded qualifications insufficient; benefits do not outweigh labor certification process |
 Balance favors a waiver | Not reached / not discussed | Not analyzed because first prong failed |
A published decision describes one case. It is not legal advice and not a prediction for yours.