EB-2 NIWEducation and academiaIndividualDecided May 2023Dismissed
Outcome: Dismissed
MAY042023_05B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A distance education specialist sought EB-2 and NIW. AAO dismissed appeal, finding substantial merit but no national importance. The proposed endeavor impacts only individual students or clients, not the broader field. Applicant also lacks U.S. market knowledge and independent consulting experience.
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 distance education work lacks national importance; impact limited to individual clients, not field-wide advancement
- Well positioned · Applicant lacks knowledge of U.S. education systems, learning platforms, and has no demonstrated consulting firm success
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed distance education work lacks national importance; impact limited to individual clients, not field-wide advancement |
 Well positioned | Not met | Applicant lacks knowledge of U.S. education systems, learning platforms, and has no demonstrated consulting firm success |
 Balance favors a waiver | Not reached / not discussed | Not reached because first and second prongs failed |
A published decision describes one case. It is not legal advice and not a prediction for yours.