EB-2 NIWFinance and economicsIndividualDecided December 2024Dismissed
Outcome: Dismissed
DEC052024_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A financial manager and entrepreneur sought EB-2 NIW status to establish a mining equipment sales company. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance under Dhanasar's first prong because indirect economic effects and HUBZone status were insufficient to demonstrate substantial positive national economic impact.
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 mining equipment business lacks demonstrated national importance; indirect economic effects insufficient under Dhanasar standard.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed mining equipment business lacks demonstrated national importance; indirect economic effects insufficient under Dhanasar standard. |
 Well positioned | Not reached / not discussed | First prong failure makes analysis of second prong unnecessary; decision does not reach this criterion. |
 Balance favors a waiver | Not reached / not discussed | First prong failure makes analysis of third prong unnecessary; decision does not reach this criterion. |
A published decision describes one case. It is not legal advice and not a prediction for yours.