EB-2 NIWEducation and academiaIndividualDecided June 2024Dismissed
Outcome: Dismissed
JUN272024_03B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
Historian with advanced degree sought EB-2 national interest waiver for expert witness services and market analysis. AAO affirmed denial, finding proposed endeavor lacks demonstrated national importance: no evidence of broader impact, economic effects, or industry innovations required by Dhanasar first prong.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Well positioned · Director found petitioner well positioned; AAO did not disturb this determination.
What was missing
- Merit and national importance · Expert witness services for immigrants lacks sufficient evidence of national importance beyond business and clients; no detailed description of proposed market analysis services.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Expert witness services for immigrants lacks sufficient evidence of national importance beyond business and clients; no detailed description of proposed market analysis services. |
 Well positioned | Met | Director found petitioner well positioned; AAO did not disturb this determination. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed on national importance element; AAO reserved arguments on third prong. |
A published decision describes one case. It is not legal advice and not a prediction for yours.