EB-2 NIWBusiness and managementIndividualDecided May 2024Dismissed
Outcome: Dismissed
MAY142024_01B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
A human resources and business development manager self-petitioner sought EB-2 national interest waiver for renewable energy work. The AAO dismissed the appeal: while conceding substantial merit and positioning, the record lacked evidence that the proposed endeavor had national importance or would impact the field beyond her company and clients.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Well positioned · Director determined petitioner well-positioned to advance proposed endeavor based on education and experience
What was missing
- Merit and national importance · Renewable energy and telecommunications business development work lacked evidence of national importance; no showing of broader field implications or skills exceeding U.S. availability
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Renewable energy and telecommunications business development work lacked evidence of national importance; no showing of broader field implications or skills exceeding U.S. availability |
 Well positioned | Met | Director determined petitioner well-positioned to advance proposed endeavor based on education and experience |
 Balance favors a waiver | Not reached / not discussed | Not analyzed; first prong failure made further analysis unnecessary |
A published decision describes one case. It is not legal advice and not a prediction for yours.