EB-2 NIWFinance and economicsIndividualDecided August 2023Dismissed
Outcome: Dismissed
AUG032023_01B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
A tax analyst seeks EB-2 classification with a national interest waiver to operate a tax and financial consulting business in Florida. The AAO affirmed the Director's denial, finding the petitioner well-positioned but failing to establish that the proposed endeavor has substantial merit or national importance, as required under Dhanasar.
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 · Petitioner's education, experience, business plan, and steps taken demonstrate capacity to advance proposed endeavor
What was missing
- Merit and national importance · Proposed tax and financial consulting business lacks significant potential for U.S. job creation or substantial economic effects at state or national level
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed tax and financial consulting business lacks significant potential for U.S. job creation or substantial economic effects at state or national level |
 Well positioned | Met | Petitioner's education, experience, business plan, and steps taken demonstrate capacity to advance proposed endeavor |
 Balance favors a waiver | Not reached / not discussed | Decision dispositive on first prong; third prong not reached |
A published decision describes one case. It is not legal advice and not a prediction for yours.