EB-2 NIWBusiness and managementIndividualDecided March 2023Dismissed
Outcome: Dismissed
MAR282023_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A human resources manager sought EB-2 classification with national interest waiver for consulting work through her company. AAO dismissed the appeal, finding the proposed endeavor had substantial merit but lacked demonstrated national importance; insufficient evidence of potential to employ workers or produce substantial positive economic effects.
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 · Human resources consulting business lacked evidence of substantial positive economic effects; no documentation of prospective impact on industry or national economy; expert opinions lacked numerical analysis
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Human resources consulting business lacked evidence of substantial positive economic effects; no documentation of prospective impact on industry or national economy; expert opinions lacked numerical analysis |
 Well positioned | Not reached / not discussed | First prong failed; second prong not reached as unnecessary to decision |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third prong not reached as unnecessary |
A published decision describes one case. It is not legal advice and not a prediction for yours.