EB-2 NIWSports and athleticsIndividualDecided 2022Dismissed
Outcome: Dismissed
NOV282022_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Fitness instructor and entrepreneur sought EB-2 classification with national interest waiver for fitness business. AAO dismissed because proposed endeavor lacks national importance; business would impact individual clients but not fitness industry broadly or nation.
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 · Fitness services lack national importance; while fitness industry is important, petitioner's specific local business does not impact field broadly
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Fitness services lack national importance; while fitness industry is important, petitioner's specific local business does not impact field broadly |
 Well positioned | Not reached / not discussed | Director found this prong satisfied; not reached on appeal because first prong failed |
 Balance favors a waiver | Not reached / not discussed | Not reached because national importance not established; insufficient evidence of substantial economic benefits or job creation |
A published decision describes one case. It is not legal advice and not a prediction for yours.