EB-2 NIWMechanical and aerospace engineeringIndividualDecided September 2024Dismissed
Outcome: Dismissed
SEP252024_04B5203
Merit and national importanceNot reached / not discussedWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A mechanical engineering researcher seeking EB-2 classification and national interest waiver to develop new methodologies in vibrations engineering for aerospace and robotics applications. The AAO dismissed the appeal, holding the petitioner failed to establish he is well-positioned to advance the proposed research endeavor under Dhanasar's second prong.
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
- Well positioned · Petitioner failed to demonstrate well-positioned status; education alone insufficient; lacks model, progress, consistent funding, or demonstrated investor interest
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | First prong not reached because petitioner failed second prong; dispositive issue on appeal |
 Well positioned | Not met | Petitioner failed to demonstrate well-positioned status; education alone insufficient; lacks model, progress, consistent funding, or demonstrated investor interest |
 Balance favors a waiver | Not reached / not discussed | Third prong not reached because second prong failure is dispositive |
A published decision describes one case. It is not legal advice and not a prediction for yours.