EB-2 NIWBusiness and managementIndividualDecided May 2024Dismissed
Outcome: Dismissed
MAY022024_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
IT project manager sought NIW for EB-2 advanced degree or exceptional ability classification without job offer. AAO dismissed appeal because the proposed IT project management services lacked national importance; petitioner made unsupported claims without evidence of field-wide impact or substantial economic benefits.
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 · IT project manager position lacks national importance; petitioner failed to demonstrate specific endeavor extends beyond employers or generates substantial economic effects.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | IT project manager position lacks national importance; petitioner failed to demonstrate specific endeavor extends beyond employers or generates substantial economic effects. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; petitioner's expertise relates to second prong but first prong was dispositive. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; decision reserved analysis of remaining Dhanasar prongs. |
A published decision describes one case. It is not legal advice and not a prediction for yours.