EB-2 NIWAgriculture and foodIndividualDecided July 2026Dismissed
Outcome: Dismissed
JUL312026_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Business owner sought NIW to produce non-GMO fruit preserves. Qualified for underlying EB-2 advanced degree classification. AAO dismissed appeal because petitioner failed to demonstrate endeavor has national importance independent of alignment with governmental agricultural priorities; small local operation with fifteen projected employees lacked demonstrable broader economic or industry impact.
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 · Fruit preserves production lacks national or global implications; alignment with national priorities alone insufficient
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Fruit preserves production lacks national or global implications; alignment with national priorities alone insufficient |
 Well positioned | Not reached / not discussed | Not analyzed because first prong failed; cannot proceed when substantial merit and national importance not established |
 Balance favors a waiver | Not reached / not discussed | Not reached; petitioner failed first Dhanasar prong, rendering remaining prongs unnecessary |
A published decision describes one case. It is not legal advice and not a prediction for yours.