EB-2 NIWArts, design, architectureIndividualDecided December 2021Dismissed
Outcome: Dismissed
DEC012021_01B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
An industrial designer specializing in exhibition booth design sought NIW classification for a proposed public market revitalization endeavor. The AAO dismissed the appeal, finding the endeavor lacked sufficient specificity and national importance, and the petitioner lacked a record of success in this new area despite design expertise.
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 public market revitalization design work lacks sufficient specificity and evidence of national or global implications in industrial design
- Well positioned · Education and exhibition booth design experience insufficient; no record of success in proposed public market revitalization endeavor
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed public market revitalization design work lacks sufficient specificity and evidence of national or global implications in industrial design |
 Well positioned | Not met | Education and exhibition booth design experience insufficient; no record of success in proposed public market revitalization endeavor |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed first and second prongs; balancing analysis unnecessary |
A published decision describes one case. It is not legal advice and not a prediction for yours.