EB-2 NIWOtherIndividualDecided April 2023Dismissed
Outcome: Dismissed
APR142023_01B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Construction tradesman sought NIW for occupational health and safety consulting. AAO dismissed appeal because repeated material misrepresentations about the proposed endeavor vitiated eligibility, and even setting those aside, the endeavor lacked national importance and petitioner was not well positioned to advance it.
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 · Proposed endeavor lacks prospective impact beyond sole client; national importance cannot be determined
- Well positioned · No clear evidence of education, skill, or plan for future activities in the proposed endeavor
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacks prospective impact beyond sole client; national importance cannot be determined |
 Well positioned | Not met | No clear evidence of education, skill, or plan for future activities in the proposed endeavor |
 Balance favors a waiver | Not reached / not discussed | First two prongs not met; third prong analysis unnecessary and not reached |
A published decision describes one case. It is not legal advice and not a prediction for yours.