EB-2 NIWBusiness and managementIndividualDecided May 2024Dismissed
Outcome: Dismissed
MAY132024_06B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Construction entrepreneur seeking EB-2 national interest waiver. Claimed two decades of business experience and economic ripple effects demonstrate national importance. AAO held that first prong focuses on proposed endeavor itself, not petitioner's skills or execution; no evidence of national importance or broader implications required.
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 · Petitioner conflated endeavor's importance with petitioner's skills; construction business lacks demonstrated national importance or broader field implications required by first prong
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner conflated endeavor's importance with petitioner's skills; construction business lacks demonstrated national importance or broader field implications required by first prong |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; reserved for potential future consideration |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; reserved for potential future consideration |
A published decision describes one case. It is not legal advice and not a prediction for yours.