EB-2 NIWFinance and economicsIndividualDecided December 2023Dismissed
Outcome: Dismissed
DEC192023_04B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
International tax specialist sought NIW for work with foreign investors establishing U.S. companies. AAO dismissed appeal, holding petitioner conflated personal qualifications with endeavor requirements; proposed endeavor lacked demonstrated broader implications necessary for national importance under Dhanasar.
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 national importance; evidence showed petitioner's skills and past performance, not broader implications of specific endeavor.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacked national importance; evidence showed petitioner's skills and past performance, not broader implications of specific endeavor. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; decision reserved remaining prongs. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; decision reserved remaining prongs. |
A published decision describes one case. It is not legal advice and not a prediction for yours.