EB-2 NIWBusiness and managementIndividualDecided July 2024Dismissed
Outcome: Dismissed
JUL312024_09B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A consultant seeking EB-2 classification and national interest waiver for a small business development endeavor in economically disadvantaged cities. The AAO dismissed the appeal, holding the proposed endeavor lacks the national importance required under Dhanasar's first prong, as the petitioner did not demonstrate substantial positive economic effects or significant job creation potential.
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 · Director found substantial merit but Petitioner failed to establish national importance of proposed small business consulting endeavor
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Director found substantial merit but Petitioner failed to establish national importance of proposed small business consulting endeavor |
 Well positioned | Not reached / not discussed | Director found Petitioner well-positioned but prong not reached because first prong failure is dispositive |
 Balance favors a waiver | Not reached / not discussed | Third prong not reached because first prong failure is dispositive |
A published decision describes one case. It is not legal advice and not a prediction for yours.