EB-2 NIWFinance and economicsIndividualDecided April 2023Dismissed
Outcome: Dismissed
APR202023_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Financial analyst and manager seeking EB-2 NIW to operate independent consulting company. Petitioner claimed endeavor would have national importance through job creation and improving financial reporting methodologies. AAO dismissed appeal, finding petitioner failed to establish national importance of specific proposed endeavor; new material facts presented in response to RFE cannot establish eligibility.
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 · Petitioner failed to establish proposed endeavor has national importance; new facts presented in RFE response are material change and cannot establish eligibility
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner failed to establish proposed endeavor has national importance; new facts presented in RFE response are material change and cannot establish eligibility |
 Well positioned | Not reached / not discussed | AAO reserved opinion on second prong because first prong failed |
 Balance favors a waiver | Not reached / not discussed | AAO reserved opinion on third prong because first prong failed |
A published decision describes one case. It is not legal advice and not a prediction for yours.