EB-2 NIWBusiness and managementIndividualDecided May 2024Dismissed
Outcome: Dismissed
MAY302024_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An entrepreneur seeking EB-2 with national interest waiver for a consulting firm providing channel management and sales force effectiveness services. AAO affirmed dismissal because petitioner failed to establish national importance despite having substantial merit; claimed job creation and economic benefits were not adequately documented as substantially exceeding typical small business operations.
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 · Director and AAO found substantial merit but no national importance; petitioner failed to demonstrate endeavor distinct from other small businesses or with substantial economic impact beyond direct clients
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Director and AAO found substantial merit but no national importance; petitioner failed to demonstrate endeavor distinct from other small businesses or with substantial economic impact beyond direct clients |
 Well positioned | Not reached / not discussed | Director concluded this was not met; AAO reserved opinion as first prong failure was dispositive |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; unnecessary to address remaining Dhanasar prongs |
A published decision describes one case. It is not legal advice and not a prediction for yours.