EB-2 NIWArts, design, architectureIndividualDecided August 2023Dismissed
Outcome: Dismissed
AUG092023_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Architect sought NIW under EB-2 for sustainable architectural design and project management work. Petitioner claimed focus on sustainability, construction quality, and furniture design would demonstrate national importance. AAO held the proposed endeavor lacks national importance; general descriptions and assertions insufficient; no specific evidence of broader prospective impact on sustainable development field.
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 architectural practice including sustainable design lacks national importance; general descriptions of work and intentions insufficient; no evidence of broader field impact or prospective national impact.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed architectural practice including sustainable design lacks national importance; general descriptions of work and intentions insufficient; no evidence of broader field impact or prospective national impact. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; decision reserves argument on remaining prongs as issue is dispositive. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; decision declines to reach balancing factors when national importance not established. |
A published decision describes one case. It is not legal advice and not a prediction for yours.