EB-2 NIWOtherIndividualDecided May 2023Dismissed
Outcome: Dismissed
MAY162023_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A truck driver and business owner in road transport and logistics sought EB-2 classification and national interest waiver. The AAO held his proposed occupation does not qualify as a profession requiring an advanced degree under EB-2 standards, rendering him ineligible for the waiver.
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 · Truck driver does not qualify as profession requiring advanced degree; occupation requires high school diploma, driving school, commercial license, not advanced degree.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Truck driver does not qualify as profession requiring advanced degree; occupation requires high school diploma, driving school, commercial license, not advanced degree. |
 Well positioned | Not reached / not discussed | Not reached; petitioner ineligible for EB-2 classification, so NIW analysis reserved. |
 Balance favors a waiver | Not reached / not discussed | Not reached; petitioner ineligible for EB-2 classification, so NIW analysis reserved. |
A published decision describes one case. It is not legal advice and not a prediction for yours.