EB-2 NIWBusiness and managementEmployerDecided April 2026Dismissed
Outcome: Dismissed
APR292026_06B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Occupational health and safety consultant sought EB-2 with national interest waiver. AAO found proposed endeavor lacked demonstrated national importance; evidence showed only general industry significance and vague vision statements without concrete training programs or detailed implementation. Petitioner not well positioned to advance endeavor. Appeal dismissed.
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 lacked sufficient evidence of far-reaching outcomes; general industry importance insufficient; particular endeavor impact not demonstrated.
- Well positioned · Record did not establish petitioner is well positioned to advance proposed endeavor; insufficient details on training programs and business capacity.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacked sufficient evidence of far-reaching outcomes; general industry importance insufficient; particular endeavor impact not demonstrated. |
 Well positioned | Not met | Record did not establish petitioner is well positioned to advance proposed endeavor; insufficient details on training programs and business capacity. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first two prongs failed; discretionary analysis reserved per Bagamasbad. |
A published decision describes one case. It is not legal advice and not a prediction for yours.