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EB-2 NIWCivil and environmental engineeringIndividualDecided September 2024Dismissed

Outcome: Dismissed

SEP302024_03B5203

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

Our summary

Civil engineer and entrepreneur sought NIW for EB-2 to operate construction management company focused on sustainable projects. AAO dismissed appeal, finding proposed endeavor lacks national importance and petitioner not adequately well-positioned to advance it, despite working in important field.

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 · Endeavor lacks national importance; general importance of construction field insufficient; no evidence of substantial economic benefit regionally or nationally
  • Well positioned · Director determined well-positioned but AAO found no analysis of evidence; on review, insufficient evidence of well-positioning to advance

Criteria

CriterionReadingWhy
Merit and national importanceNot metEndeavor lacks national importance; general importance of construction field insufficient; no evidence of substantial economic benefit regionally or nationally
Well positionedNot metDirector determined well-positioned but AAO found no analysis of evidence; on review, insufficient evidence of well-positioning to advance
Balance favors a waiverNot reached / not discussedNot reached because first and second prongs failed

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

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