EB-2 NIWCivil and environmental engineeringIndividualDecided May 2023Dismissed
Outcome: Dismissed
MAY232023_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Construction manager sought NIW for telecommunications infrastructure company. AAO dismissed because proposed endeavor's national importance was not established; applicant's work as one of 1,000+ employees at large firm and industry-wide statistics could not substitute for demonstrating the specific proposed company's prospective impact.
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 · Construction manager's telecommunications infrastructure company with seven projected employees lacked national importance; industry statistics and employer's overall impact did not establish specific proposed endeavor's national scope.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Construction manager's telecommunications infrastructure company with seven projected employees lacked national importance; industry statistics and employer's overall impact did not establish specific proposed endeavor's national scope. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; decision reserved opinion. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; decision reserved opinion. |
A published decision describes one case. It is not legal advice and not a prediction for yours.