EB-2 NIWEducation and academiaIndividualDecided August 2024Dismissed
Outcome: Dismissed
AUG062024_01B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
An educator and entrepreneur sought NIW as EB-2. The service center approved the endeavor's national importance but denied the petition finding insufficient evidence of qualifications, viable business planning, or stakeholder support. The AAO affirmed, holding the petitioner not well positioned to advance the proposed endeavor under Dhanasar's second prong.
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
- Merit and national importance · Director found endeavor had substantial merit and national importance; AAO did not disturb this finding
What was missing
- Well positioned · Insufficient evidence of qualifications, concrete plan, progress, or stakeholder interest in proposed endeavor
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Director found endeavor had substantial merit and national importance; AAO did not disturb this finding |
 Well positioned | Not met | Insufficient evidence of qualifications, concrete plan, progress, or stakeholder interest in proposed endeavor |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed second prong; no meaningful purpose to analyze further |
A published decision describes one case. It is not legal advice and not a prediction for yours.