EB-2 NIWBusiness and managementIndividualDecided November 2023Dismissed
Outcome: Dismissed
NOV162023_06B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A construction project manager sought EB-2 NIW to continue work designing and planning infrastructure projects. The AAO dismissed the appeal because the petitioner conflated the national importance of infrastructure generally with the specific impact of his individual project management work.
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 · Infrastructure projects are nationally important; petitioner's work as project manager lacks demonstrated national impact beyond individual projects and clients.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Infrastructure projects are nationally important; petitioner's work as project manager lacks demonstrated national impact beyond individual projects and clients. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed on national importance element. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed on national importance element. |
A published decision describes one case. It is not legal advice and not a prediction for yours.