EB-2 NIWLaw, policy, social scienceIndividualDecided October 2023Dismissed
Outcome: Dismissed
OCT202023_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Investment consultant and attorney sought NIW for consulting company serving foreign clients. Qualified for underlying EB-2 but failed to establish national importance of specific proposed endeavor. Advisory opinion letters addressing industry relevance insufficient without demonstrating prospective impact of particular venture.
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 · Specific proposed endeavor lacks demonstrated national importance despite relevance to national initiatives
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Specific proposed endeavor lacks demonstrated national importance despite relevance to national initiatives |
 Well positioned | Not reached / not discussed | First prong failed; remaining prongs reserved as matter of discretion |
 Balance favors a waiver | Not reached / not discussed | First prong failed; remaining prongs reserved as matter of discretion |
A published decision describes one case. It is not legal advice and not a prediction for yours.