EB-2 NIWArts, design, architectureIndividualDecided October 2023Dismissed
Outcome: Dismissed
OCT242023_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Fashion professional sought NIW for EB-2 classification as individual of exceptional ability. Petitioner failed to meet initial evidence requirements for exceptional ability under regulatory criteria. AAO held proposed endeavor lacked national importance and failed to demonstrate substantial positive economic effects or broader industry impact.
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 · Petitioner failed to demonstrate national importance; fashion industry work would not extend beyond employers and clients to impact field or U.S. interests broadly.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner failed to demonstrate national importance; fashion industry work would not extend beyond employers and clients to impact field or U.S. interests broadly. |
 Well positioned | Not reached / not discussed | First prong failed; decision declined to reach second prong analysis. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; decision declined to reach third prong analysis. |
A published decision describes one case. It is not legal advice and not a prediction for yours.