EB-2 NIWEnergy and climateIndividualDecided August 2024Dismissed
Outcome: Dismissed
AUG132024_09B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Environmental consultant with advanced degree sought NIW for EB-2. First prong established but failed second prong: no demonstrated environmental consulting skills, business formation steps, or evidence of customer interest despite business plan and language fluency. Appeal dismissed.
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 conceded first Dhanasar prong; petitioner established substantial merit and national importance.
What was missing
- Well positioned · No demonstrated skills, knowledge, or record in environmental consulting; no evidence of progress or funding toward business.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Director conceded first Dhanasar prong; petitioner established substantial merit and national importance. |
 Well positioned | Not met | No demonstrated skills, knowledge, or record in environmental consulting; no evidence of progress or funding toward business. |
 Balance favors a waiver | Not reached / not discussed | Second prong dispositive; third prong not reached. |
A published decision describes one case. It is not legal advice and not a prediction for yours.