EB-2 NIWOtherEmployerDecided October 2021Dismissed
Outcome: Dismissed
OCT042021_01B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
Project execution supervisor sought national interest waiver for EB-2 advanced degree. AAO dismissed appeal, finding proposed work lacks national importance despite meeting prong two; improvements limited to employer's projects without broader industry impact or demonstrated U.S. economic effects.
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 · Director found petitioner established second prong regarding expertise and capacity
What was missing
- Merit and national importance · Proposed endeavor lacks national importance; no evidence of original innovations, industry impact, or broad field implications; benefits limited to employer
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacks national importance; no evidence of original innovations, industry impact, or broad field implications; benefits limited to employer |
 Well positioned | Met | Director found petitioner established second prong regarding expertise and capacity |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong fails |
A published decision describes one case. It is not legal advice and not a prediction for yours.