EB-2 NIWCivil and environmental engineeringIndividualDecided March 2024Dismissed
Outcome: Dismissed
MAR132024_02B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
Construction manager holding advanced degree sought EB-2 with NIW to own construction company. AAO dismissed because proposed endeavor lacks national importance: business plan shows only four hires and limited regional scope, insufficient to demonstrate substantial positive economic effects or mitigation of housing shortage at national level.
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 to advance proposed endeavor
What was missing
- Merit and national importance · Construction company endeavor lacks national importance; limited scope to company clients, no significant broad economic impact
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Construction company endeavor lacks national importance; limited scope to company clients, no significant broad economic impact |
 Well positioned | Met | Director found petitioner well positioned to advance proposed endeavor |
 Balance favors a waiver | Not reached / not discussed | First prong failed on national importance; third prong not reached per agency discretion |
A published decision describes one case. It is not legal advice and not a prediction for yours.