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EB-2 NIW AAO denial of civil engineer appeal

Updated: Author: Alina Kanametova

Reference Guides 7 pages Anonymized Access on request

An AAO non-precedent decision on a Form I-140 EB-2 National Interest Waiver appeal for a civil engineer. It reviews the Dhanasar framework, the applicant’s…

EB-2 NIW Petition After filing

About this document

An AAO non-precedent decision on a Form I-140 EB-2 National Interest Waiver appeal for a civil engineer. It reviews the Dhanasar framework, the applicant’s proposed work in civil engineering, and evidence such as a plan, expert letter, recommendation letters, and articles. The appeal is dismissed because the record did not show that the specific endeavor had national importance.

Key points

  • Form I-140 NIW appeal from the Texas Service Center denial.
  • The applicant was found to qualify as an advanced-degree professional under EB-2.
  • The issue on appeal was whether a job-offer waiver would be in the national interest.
  • Dhanasar's three prongs are quoted: merit/national importance, well-positioned, and balance.
  • The initial filing described work as a civil engineer and included academic records, an expert letter, recommendations, and articles.
  • RFE response added a different work description tied to managing donation centers after filing.
  • The decision says the record did not show the specific endeavor had national importance or substantial economic effects.
  • The appeal is dismissed, and the panel does not reach the second and third Dhanasar prongs.

What is inside

  1. Case caption and appeal posture
  2. EB-2 NIW legal standard
  3. Initial proposed endeavor and evidence
  4. RFE response and revised plan
  5. Analysis of national importance
  6. Conclusion and order

When it helps

Serves as an appellate NIW denial discussing the first Dhanasar prong, especially the need to show the specific proposed endeavor's national importance. It also shows how the AAO treats a post-filing change in the proposed work description.

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