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EB-2 NIWEnergy and climateEmployerDecided September 2020Dismissed

Outcome: Dismissed

SEP292020_01B5203

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

Our summary

Electrical power network communications engineer seeks national interest waiver for EB-2 classification to strengthen U.S. power grid. AAO found first prong met but dismissed appeal because petitioner lacked sufficient evidence of being well positioned to advance the proposed endeavor under second Dhanasar prong.

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 redesign of U.S. power transmission grid infrastructure has substantial merit and national importance

What was missing

  • Well positioned · Education and letters of support insufficient; no demonstration of means, financial support, or record of responsibility for advancing national interconnected energy system

Criteria

CriterionReadingWhy
Merit and national importanceMetProposed redesign of U.S. power transmission grid infrastructure has substantial merit and national importance
Well positionedNot metEducation and letters of support insufficient; no demonstration of means, financial support, or record of responsibility for advancing national interconnected energy system
Balance favors a waiverNot reached / not discussedSecond prong failed; analysis of third prong not reached

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

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