EB-2 NIWBusiness and managementIndividualDecided August 2023Dismissed
Outcome: Dismissed
AUG282023_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Accountant and business operations specialist sought EB-2 with national interest waiver. AAO dismissed appeal because proposed endeavor lacked national importance under Dhanasar framework; petitioner failed to articulate specific endeavor, instead providing general assertions without addressing material changes.
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 endeavor lacked specificity and national importance; material changes to endeavor post-filing prevented meaningful analysis.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacked specificity and national importance; material changes to endeavor post-filing prevented meaningful analysis. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; decision reserves opinion on second and third prongs. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; decision reserves opinion on second and third prongs. |
A published decision describes one case. It is not legal advice and not a prediction for yours.