EB-2 NIWSports and athleticsIndividualDecided February 2023Dismissed
Outcome: Dismissed
FEB032023_02B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
Fitness instructor petitioner self-filed for EB-2 with NIW, proposing to establish and operate a fitness studio with online classes. AAO dismissed: the proposed endeavor lacks national importance because moving customers between facilities produces no net national effect, and petitioner did not show her specific business would meaningfully impact national health statistics compared to competitors.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Well positioned · Director found petitioner well-positioned to advance the proposed endeavor.
What was missing
- Merit and national importance · Fitness instruction studio lacks national importance; client satisfaction and national health statistics do not establish specific endeavor will affect national trends.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Fitness instruction studio lacks national importance; client satisfaction and national health statistics do not establish specific endeavor will affect national trends. |
 Well positioned | Met | Director found petitioner well-positioned to advance the proposed endeavor. |
 Balance favors a waiver | Not reached / not discussed | First prong failure precludes analysis of balance prong. |
A published decision describes one case. It is not legal advice and not a prediction for yours.