EB-2 NIWCivil and environmental engineeringIndividualDecided December 2022Dismissed
Outcome: Dismissed
DEC212022_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Self-petitioner, project manager and consultant in construction, sought NIW for work as project manager-consultant. Petitioner met underlying EB-2 advanced degree requirement but failed first Dhanasar prong: while construction and green building are important fields, petitioner's specific endeavor lacks national importance, affecting only specific employers rather than field or profession broadly.
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 · Project management in construction, though operating in important industry, lacks national importance; endeavor impacts only employer and clients, not field broadly.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Project management in construction, though operating in important industry, lacks national importance; endeavor impacts only employer and clients, not field broadly. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; director's prior finding was withdrawn due to change in proposed endeavor. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed. |
A published decision describes one case. It is not legal advice and not a prediction for yours.