EB-2 NIWBusiness and managementIndividualDecided August 2024Dismissed
Outcome: Dismissed
AUG262024_14B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A business professional sought EB-2 classification with national interest waiver for a business plan emphasizing employment creation and economic growth in a depressed area. The AAO dismissed the appeal, finding substantial merit but rejecting national importance; the endeavor's benefits were regional, not national, and did not address the field broadly.
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 · Although endeavor has substantial merit, national importance not established; projections of job creation and regional economic benefit do not rise to national level required by Dhanasar.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Although endeavor has substantial merit, national importance not established; projections of job creation and regional economic benefit do not rise to national level required by Dhanasar. |
 Well positioned | Not reached / not discussed | As first prong failed, decision reserved analysis of second and third prongs. |
 Balance favors a waiver | Not reached / not discussed | As first prong failed, decision reserved analysis of second and third prongs. |
A published decision describes one case. It is not legal advice and not a prediction for yours.