EB-2 NIWBusiness and managementIndividualDecided February 2025Dismissed
Outcome: Dismissed
FEB202025_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An industrial-organizational consultant and entrepreneur sought EB-2 NIW classification, proposing a manufacturing consulting and workforce training company. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient specificity and consistency to establish substantial merit and national importance under Dhanasar's first prong.
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 lacks sufficient specificity and consistency; description shifted from consulting to software training without clear delineation of scope and target clientele.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacks sufficient specificity and consistency; description shifted from consulting to software training without clear delineation of scope and target clientele. |
 Well positioned | Not reached / not discussed | Prong not reached due to failure on first prong; decision noted potential concerns regarding intellectual property and non-compete clauses in employment contract. |
 Balance favors a waiver | Not reached / not discussed | Prong not reached due to failure on first prong. |
A published decision describes one case. It is not legal advice and not a prediction for yours.