EB-2 NIWElectrical and electronic engineeringIndividualDecided September 2024Dismissed
Outcome: Dismissed
SEP262024_06B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An electrical engineer and project manager seeks EB-2 national interest waiver for proposed data center consulting work. Petitioner claimed the endeavor would enhance U.S. data infrastructure, security, and sustainability. AAO held the proposed endeavor lacks specific description and demonstrated national importance; asserted importance of the industry itself does not establish national importance of the specific endeavor.
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 · Petitioner's proposed endeavor lacks sufficiently detailed description and documentary evidence of national importance or broader implications
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner's proposed endeavor lacks sufficiently detailed description and documentary evidence of national importance or broader implications |
 Well positioned | Not reached / not discussed | Not reached because first prong failure is dispositive; prong two arguments reserved |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failure is dispositive; prong three arguments reserved |
A published decision describes one case. It is not legal advice and not a prediction for yours.