EB-2 NIWMechanical and aerospace engineeringIndividualDecided September 2021Dismissed
Outcome: Dismissed
SEP282021_02B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A mechanical and aerospace engineer with Ph.D. sought national interest waiver for EB-2. The AAO found his proposed research had substantial merit and national importance. However, he failed to demonstrate he was well positioned to advance the research because his education alone was insufficient and citation statistics and letters did not show personal research impact on the field.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Merit and national importance · Proposed research in specialized aerospace engineering field determined to have substantial merit and national importance by Director and affirmed on appeal.
What was missing
- Well positioned · Education and degrees alone insufficient; petitioner failed to demonstrate specific research accomplishments or contributions affecting aerospace industry sufficient to advance proposed endeavor.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Proposed research in specialized aerospace engineering field determined to have substantial merit and national importance by Director and affirmed on appeal. |
 Well positioned | Not met | Education and degrees alone insufficient; petitioner failed to demonstrate specific research accomplishments or contributions affecting aerospace industry sufficient to advance proposed endeavor. |
 Balance favors a waiver | Not reached / not discussed | Second prong failed; balancing analysis not reached. |
A published decision describes one case. It is not legal advice and not a prediction for yours.