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EB-2 NIWCivil and environmental engineeringIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP282023_09B5203

Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed

Our summary

A civil engineer sought EB-2 advanced degree classification with national interest waiver to run his own engineering services company in Florida. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would not impact the civil engineering field broadly and petitioner was not well-positioned to advance it.

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 · Petitioner's endeavor as civil engineering entrepreneur had substantial merit but lacked national importance

What was missing

  • Well positioned · Petitioner did not demonstrate sufficient positioning or documentary evidence to advance civil engineering business endeavor

Criteria

CriterionReadingWhy
Merit and national importanceMetPetitioner's endeavor as civil engineering entrepreneur had substantial merit but lacked national importance
Well positionedNot metPetitioner did not demonstrate sufficient positioning or documentary evidence to advance civil engineering business endeavor
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed the second prong of Dhanasar framework

A published decision describes one case. It is not legal advice and not a prediction for yours.

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