EB-2 NIWLaw, policy, social scienceIndividualDecided February 2026Dismissed
Outcome: Dismissed
FEB062026_05B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Occupational health professional appealed NIW denial under Dhanasar framework. AAO affirmed that while proposed endeavor had substantial merit, petitioner failed to establish its national importance. Consulting business lacked sufficiently specific prospective national impact and significant potential to employ U.S. workers or generate substantial economic effects. Appeal dismissed.
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 occupational health consulting endeavor lacks demonstrated prospective national importance; merely potential contribution to national initiatives insufficient.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed occupational health consulting endeavor lacks demonstrated prospective national importance; merely potential contribution to national initiatives insufficient. |
 Well positioned | Not reached / not discussed | First prong failed; third prong reserved and not analyzed per Bagamasbad doctrine. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; second prong reserved and not analyzed per Bagamasbad doctrine. |
A published decision describes one case. It is not legal advice and not a prediction for yours.