EB-2 NIWLaw, policy, social scienceIndividualDecided May 2022Dismissed
Outcome: Dismissed
MAY232022_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Legal consultant with advanced degree sought NIW. Director approved advanced degree qualification but denied NIW. AAO affirmed, finding proposed legal consulting work for Brazil–South America clients lacks national importance despite substantial merit, as it lacks broader field impact or substantial U.S. economic benefit.
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 legal consulting work lacks national importance; limited to petitioner's business and clientele
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed legal consulting work lacks national importance; limited to petitioner's business and clientele |
 Well positioned | Not reached / not discussed | First prong fails; further analysis unnecessary per Dhanasar |
 Balance favors a waiver | Not reached / not discussed | First prong fails; further analysis unnecessary per Dhanasar |
A published decision describes one case. It is not legal advice and not a prediction for yours.