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sustained EB-2 (NIW)

Electrical Engineer

Energy Production And Distribution · 2024-08-01

Decision Date
2024-08-01
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The Petitioner proposes to continue his work as an electrical engineer, specifically in the development of nuclear and fusion energy, upgrading transmission voltages, and retrofitting aged power plants. This work aims to positively impact the national and/or global energy supply, safeguard against power plant failures, and assist in the transition to cleaner energy.

Framework Evaluation

3 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance. Met

The AAO agreed with the Director that the Petitioner's proposed work in nuclear and fusion energy development, transmission upgrades, and power plant retrofitting has substantial merit and national importance due to its potential positive impact on national/global energy supply and the transition to cleaner energy.

2 The individual is well-positioned to advance their proposed endeavor. Met

The AAO, upon de novo review, found the Petitioner well-positioned, citing his bachelor's degree, 12 years of experience as an electrical engineer, current involvement in an international fusion energy project, letters from work associates attesting to his skills, employment records, professional licenses, a performance award, and past papers.

3 On balance, waiving the job offer requirement would benefit the United States. Met

The AAO concluded that waiving the job offer requirement would benefit the U.S., considering the Petitioner's considerable experience in energy production and distribution, his track record of success, and the significance of his proposed work to advance the U.S. energy field and contribute to cleaner, more renewable energy.

Why This Petition Was Approved

The appeal was sustained because the Petitioner met all three Dhanasar prongs. USCIS found the proposed endeavor in nuclear and fusion energy had substantial merit and national importance. The Petitioner was deemed well-positioned due to 12 years of experience, current work on an international fusion project, professional licenses, a performance award, and expert letters. Finally, waiving the job offer was deemed beneficial due to the significance of his contributions to the U.S. energy field and cleaner energy efforts.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Professional Memberships

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Frequently Asked Questions

A sustained EB-2 NIW (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-01.

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At a Glance

Outcome sustained
Criteria Met 3 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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