EB-2 NIWLaw, policy, social scienceIndividualDecided January 2026Dismissed
Outcome: Dismissed
JAN052026_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Associate attorney holding advanced degree sought EB-2 NIW for continued practice in cross-border tax law and foreign investment facilitation. SCOPS granted advanced degree qualification but denied waiver. AAO affirmed: petitioner's field and experience are material to second prong but immaterial to first prong; specific endeavor lacks evidence of broader implications, job creation, or substantial economic effects constituting national importance. 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 · Petitioner's tax law practice and cross-border transaction work, while meritorious, lack broader field implications or substantial national economic effects required by Dhanasar.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner's tax law practice and cross-border transaction work, while meritorious, lack broader field implications or substantial national economic effects required by Dhanasar. |
 Well positioned | Not reached / not discussed | First prong failure dispositive; second prong analysis reserved and not reached. |
 Balance favors a waiver | Not reached / not discussed | First prong failure dispositive; third prong analysis reserved and not reached. |
A published decision describes one case. It is not legal advice and not a prediction for yours.