EB-2 NIWLaw, policy, social scienceIndividualDecided November 2025Dismissed
Outcome: Dismissed
NOV182025_03B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
International tax law consultant sought national interest waiver for EB-2 advanced degree petition. AAO affirmed denial, finding proposed endeavor lacks national importance despite substantial merit and positioning. Work benefits confined to employer; no evidence of broader field or national implications required.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Well positioned · Service center found petitioner well-positioned to advance proposed endeavor; AAO did not disturb
What was missing
- Merit and national importance · Proposed endeavor lacks regional or national impact; work benefits confined to employer without broader field implications
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacks regional or national impact; work benefits confined to employer without broader field implications |
 Well positioned | Met | Service center found petitioner well-positioned to advance proposed endeavor; AAO did not disturb |
 Balance favors a waiver | Not reached / not discussed | Not reached; failure on first prong dispositive so third prong analysis reserved |
A published decision describes one case. It is not legal advice and not a prediction for yours.