EB-2 NIWEnergy and climateIndividualDecided May 2026Dismissed
Outcome: Dismissed
MAY062026_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A franchise owner in solar and EV charging installation sought EB-2 national interest waiver. Underlying advanced degree qualification was established, but the Dhanasar framework analysis failed at the first prong. The AAO found his specific endeavor lacked national importance despite the importance of the solar and EV sectors generally; benefits were localized to small subsets. Appeal dismissed.
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 lacks prospective impact at national level; localized benefits only
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacks prospective impact at national level; localized benefits only |
 Well positioned | Not reached / not discussed | First prong failed; remaining Dhanasar prongs reserved |
 Balance favors a waiver | Not reached / not discussed | First prong failed; remaining Dhanasar prongs reserved |
A published decision describes one case. It is not legal advice and not a prediction for yours.