sustained EB-2 NIW Case: Civil Engineering

Decision Summary

The appeal was sustained because the AAO found that the petitioner, a civil engineer, met all three prongs of the national interest waiver test. While the director had agreed on the first two prongs (substantial intrinsic merit and national scope), the AAO was persuaded by evidence on appeal that the petitioner's past achievements, particularly his innovative models for flood and landscape erosion, demonstrated influence on the field and showed he would benefit the national interest to a substantially greater degree than a minimally qualified U.S. worker.

Criteria Discussed

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