EB-2 NIWBusiness and managementIndividualDecided November 2023Dismissed
Outcome: Dismissed
NOV292023_06B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Human resources consultant with advanced degree sought NIW for EB-2 classification. AAO dismissed appeal because petitioner failed to establish that her specific proposed endeavor has national importance. Generalized information about hotel industry significance did not substitute for demonstrating the particular endeavor's implications.
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 endeavor lacks national importance; generalized hotel industry information does not establish specific endeavor has broader implications beyond employer or clients
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacks national importance; generalized hotel industry information does not establish specific endeavor has broader implications beyond employer or clients |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; decision reserved argument on second prong |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; decision reserved argument on third prong |
A published decision describes one case. It is not legal advice and not a prediction for yours.