EB-2 NIWBusiness and managementIndividualDecided March 2023Dismissed
Outcome: Dismissed
MAR102023_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
HR manager petitioner self-filed for EB-2 with NIW, proposing HR consulting services for small and medium enterprises. AAO dismissed on two grounds: petitioner lacked five years of required post-baccalaureate experience in HR specialty, and proposed endeavor lacks national importance because general information about labor shortages and small business does not establish this specific business will have broader implications beyond its limited clients.
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 · HR consulting services for small businesses lack national importance; limited local effects do not establish broader implications or substantial positive economic effects.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | HR consulting services for small businesses lack national importance; limited local effects do not establish broader implications or substantial positive economic effects. |
 Well positioned | Not reached / not discussed | First prong failure precludes further analysis; also petitioner failed underlying EB-2 qualification. |
 Balance favors a waiver | Not reached / not discussed | First prong failure makes analysis unnecessary. |
A published decision describes one case. It is not legal advice and not a prediction for yours.