EB-2 NIWBusiness and managementEmployerDecided January 2026Dismissed
Outcome: Dismissed
JAN302026_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Business operations specialist sought EB-2 NIW classification. Service center denied underlying EB-2 qualification and NIW eligibility. AAO dismissed appeal, focusing on first Dhanasar prong: proposed endeavor lacks national importance because it shows no significant potential to employ U.S. workers, no substantial positive economic effects, and anticipated financial loss.
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 · Service center found substantial merit; national importance not established; proposed self-employment shows no significant potential to employ U.S. workers; business plan shows financial loss
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Service center found substantial merit; national importance not established; proposed self-employment shows no significant potential to employ U.S. workers; business plan shows financial loss |
 Well positioned | Not reached / not discussed | First prong failed; second and third prongs reserved as unnecessary to decision |
 Balance favors a waiver | Not reached / not discussed | First prong failed; second and third prongs reserved as unnecessary to decision |
A published decision describes one case. It is not legal advice and not a prediction for yours.