EB-2 NIWOtherIndividualDecided January 2026Dismissed
Outcome: Dismissed
JAN052026_04B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneur with thirty-five years in mining sought EB-2 national interest waiver. The AAO dismissed, finding while substantial merit was established, the proposed mining services endeavor lacked national importance. Evidence showed intent to serve clients and expand geographically, but failed to demonstrate prospective impact sufficient to rise to national importance level.
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 mining services endeavor lacked evidence of prospective impact extending beyond clientele to industry or economy at national level.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed mining services endeavor lacked evidence of prospective impact extending beyond clientele to industry or economy at national level. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; decision reserved analysis of second and third prongs. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; decision reserved analysis of second and third prongs. |
A published decision describes one case. It is not legal advice and not a prediction for yours.