EB-2 NIWFinance and economicsIndividualDecided October 2021Dismissed
Outcome: Dismissed
OCT052021_01B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
Finance executive in oil and gas industry seeking NIW under EB-2. Petitioner qualified for underlying EB-2 classification. AAO agreed her proposed work has substantial merit and she is well positioned to advance it, but found the endeavor lacks national importance: her financial management work would benefit only her employer, not the broader industry. Appeal dismissed.
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 · Education, experience in financial management and employer track record establish capability
What was missing
- Merit and national importance · Substantial merit established but national importance lacking; proposed work benefits only individual employer, not broader industry
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Substantial merit established but national importance lacking; proposed work benefits only individual employer, not broader industry |
 Well positioned | Met | Education, experience in financial management and employer track record establish capability |
 Balance favors a waiver | Not reached / not discussed | Not addressed because first prong failed; Dhanasar framework requires dismissal at prong one |
A published decision describes one case. It is not legal advice and not a prediction for yours.