EB-2 NIWBusiness and managementIndividualDecided May 2023Dismissed
Outcome: Dismissed
MAY122023_04B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A business administrator seeking EB-2 with NIW claimed national importance based on past professional achievements and a self-developed "Triad of Value" method. The AAO found the petitioner misunderstood Dhanasar: the first prong focuses on the proposed endeavor's prospective impact, not the petitioner's execution or prior success.
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 national importance; no broader implications or substantial employment potential demonstrated.
- Well positioned · First prong failure; AAO withdrew Director's finding that petitioner was well-positioned.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacks national importance; no broader implications or substantial employment potential demonstrated. |
 Well positioned | Not met | First prong failure; AAO withdrew Director's finding that petitioner was well-positioned. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed first and second prongs. |
A published decision describes one case. It is not legal advice and not a prediction for yours.