EB-2 NIWBusiness and managementIndividualDecided December 2023Dismissed
Outcome: Dismissed
DEC142023_04B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Business development manager with economics and management degrees seeking NIW for freight trucking business. Claimed substantial merit and national importance. AAO found second prong failed because applicant lacked U.S. trucking industry track record and customer interest, making further analysis unnecessary.
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 · Freight trucking business endeavor lacked sufficient national importance; industry importance does not establish specific endeavor national importance.
- Well positioned · No demonstrated record of success in U.S. freight trucking; past canned goods business experience insufficient; lacking customer interest.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Freight trucking business endeavor lacked sufficient national importance; industry importance does not establish specific endeavor national importance. |
 Well positioned | Not met | No demonstrated record of success in U.S. freight trucking; past canned goods business experience insufficient; lacking customer interest. |
 Balance favors a waiver | Not reached / not discussed | Second prong failed; third prong analysis not necessary. |
A published decision describes one case. It is not legal advice and not a prediction for yours.