EB-2 NIWEntrepreneurshipIndividualDecided November 2023Dismissed
Outcome: Dismissed
NOV282023_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Self-employed real estate businessperson sought EB-2 national interest waiver for sustainable affordable housing venture. AAO dismissed appeal because petitioner failed to establish EB-2 qualification as advanced degree professional and because proposed endeavor lacked demonstrated national importance despite addressing affordable housing crisis.
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 · Proposed affordable sustainable shipping container housing lacks demonstrated national importance; industry importance does not establish specific endeavor importance or scale.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed affordable sustainable shipping container housing lacks demonstrated national importance; industry importance does not establish specific endeavor importance or scale. |
 Well positioned | Not reached / not discussed | Not reached because petitioner failed underlying EB-2 qualification and first Dhanasar prong; decision reserves consideration. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed underlying EB-2 qualification and first prong; decision reserves consideration. |
A published decision describes one case. It is not legal advice and not a prediction for yours.