EB-2 NIWBusiness and managementIndividualDecided August 2024Dismissed
Outcome: Dismissed
AUG012024_07B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
A management specialist seeks EB-2 national interest waiver. The AAO dismissed the appeal, finding the petitioner failed to demonstrate national importance of the proposed endeavor. Although the petitioner is well-positioned to advance it, the evidence does not show broader impacts on the field or substantial positive economic effects at national level.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Well positioned · Director found petitioner well positioned; AAO did not disturb this finding.
What was missing
- Merit and national importance · Management specialist endeavor lacks demonstrated broader impact on field beyond prospective employer; unsupported assertions insufficient.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Management specialist endeavor lacks demonstrated broader impact on field beyond prospective employer; unsupported assertions insufficient. |
 Well positioned | Met | Director found petitioner well positioned; AAO did not disturb this finding. |
 Balance favors a waiver | Not reached / not discussed | Not reached because national importance prong failed; decision reserves opinion on third prong. |
A published decision describes one case. It is not legal advice and not a prediction for yours.