EB-2 NIWEnergy and climateIndividualDecided February 2023Dismissed
Outcome: Dismissed
FEB082023_02B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Environmental specialist with advanced degree proposing consulting business in environmental policy. AAO affirmed Director finding that petitioner meets first Dhanasar prong but fails second prong: insufficient evidence of ability to advance the endeavor despite academic background and professional experience.
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
- Merit and national importance · Endeavor reducing pollution and environmental damage has substantial merit and national importance
What was missing
- Well positioned · Insufficient evidence of track record in proposed consulting endeavor; business newly registered at filing; letters of interest lack specificity and postdate petition
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Endeavor reducing pollution and environmental damage has substantial merit and national importance |
 Well positioned | Not met | Insufficient evidence of track record in proposed consulting endeavor; business newly registered at filing; letters of interest lack specificity and postdate petition |
 Balance favors a waiver | Not reached / not discussed | Second prong failed; third prong not reached |
A published decision describes one case. It is not legal advice and not a prediction for yours.