sustained EB-2 (NIW)

Mechanical And Aerospace Engineer

Mechanical And Aerospace Engineering · 2024-04-16

Decision Date
2024-04-16
Location
Florida
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 conduct fundamental studies of flow physics for special applications and develop numerical tools and methods for addressing aerothermal problems and fluid structure interactions. He intends to use computational fluid dynamics (CFD) to design and analyze devices and components, specifically focusing on the overlap between aircraft aerodynamics and turbine blade efficiency.

Framework Evaluation

3 of 3 criteria met
1 Substantial Merit and National Importance Met

The endeavor to improve CFD modeling for aerospace and energy sectors was found to have national importance.

2 Well-positioned to Advance the Endeavor Met

The petitioner's advanced degree and successful track record in industry applications demonstrate he is well-positioned.

3 Waiver Benefit to the US Met

The value of the petitioner's contributions to STEM and national security justifies waiving the labor certification.

Why This Petition Was Approved

The appeal was sustained because the petitioner demonstrated he is well-positioned (Prong 2) through expert letters detailing his 'trip dot' solution for military aircraft probes and his instrumental role in developing BL-class gas turbines for Siemens. He holds a Ph.D. in Aerospace Engineering and his work aligns with critical and emerging technologies, satisfying all three Dhanasar prongs.

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Independent
Reference Letters Dependent
Commercial Success
Government Alignment

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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: 2024-04-16.

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At a Glance

Outcome sustained
Criteria Met 3 / 3
Evidence Types 6

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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