EB-2 NIWMechanical and aerospace engineeringIndividualDecided September 2024Dismissed
Outcome: Dismissed
SEP252024_09B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A control systems engineer in the aerospace sector sought a national interest waiver, and the Director had found the first prong met. The AAO withdrew that finding because the proposed endeavor was not specifically defined, found him not well positioned, and dismissed the appeal without reaching the third 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
- Merit and national importance · Withdrew the Director's favorable finding because the specific proposed endeavor was not identified, so national importance could not be assessed.
- Well positioned · No clear intent to pursue a defined endeavor, and no evidence of employer interest beyond the current visa.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Withdrew the Director's favorable finding because the specific proposed endeavor was not identified, so national importance could not be assessed. |
 Well positioned | Not met | No clear intent to pursue a defined endeavor, and no evidence of employer interest beyond the current visa. |
 Balance favors a waiver | Not reached / not discussed | Expressly reserved as unnecessary because the first two prongs were not satisfied. |
A published decision describes one case. It is not legal advice and not a prediction for yours.