EB-2 NIWBusiness and managementIndividualDecided March 2023Dismissed
Outcome: Dismissed
MAR272023_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Human resources manager with advanced degree seeks NIW for EB-2 classification to implement diversity and workplace safety initiatives in U.S. companies. AAO dismissed appeal, finding the proposed endeavor lacked national importance despite substantial merit; general HR and safety work does not satisfy 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.
No criterion in the table was found met in this decision.
What was missing
- Merit and national importance · Proposed endeavor of HR diversity and safety initiatives not of national importance; focuses on general industry practices already established
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor of HR diversity and safety initiatives not of national importance; focuses on general industry practices already established |
 Well positioned | Not reached / not discussed | Not analyzed because first prong failed; decision reserves this issue |
 Balance favors a waiver | Not reached / not discussed | Not analyzed because first prong failed; decision reserves this issue |
A published decision describes one case. It is not legal advice and not a prediction for yours.