EB-2 NIWBusiness and managementIndividualDecided May 2023Dismissed
Outcome: Dismissed
MAY252023_12B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A consultant with advanced degree seeking EB-2 with NIW demonstrated EB-2 eligibility but failed NIW requirements. The AAO upheld dismissal: the consulting endeavor lacked national importance, and the petitioner's expertise, though qualified, did not exceed ordinary field level.
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 · Business consulting endeavor lacks demonstrated national importance; no evidence of broader field impact or specific economic effects.
- Well positioned · Education and five years experience insufficient; level of expertise not significantly above ordinary field level.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Business consulting endeavor lacks demonstrated national importance; no evidence of broader field impact or specific economic effects. |
 Well positioned | Not met | Education and five years experience insufficient; level of expertise not significantly above ordinary field level. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first and second prongs failed. |
A published decision describes one case. It is not legal advice and not a prediction for yours.