EB-2 NIWEntrepreneurshipIndividualDecided October 2023Dismissed
Outcome: Dismissed
OCT242023_08B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An occupational health and safety technician planning a workplace safety services business sought a national interest waiver with advanced degree classification. The AAO found no proof of a qualifying bachelor's-level degree and held that the endeavor, though meritorious, lacked demonstrated national importance. It reserved the remaining prongs and dismissed the appeal.
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 · Endeavor has substantial merit but no evidence it would have national importance beyond his business and clients.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Endeavor has substantial merit but no evidence it would have national importance beyond his business and clients. |
 Well positioned | Not reached / not discussed | Reserved as unnecessary because the first prong was dispositive. |
 Balance favors a waiver | Not reached / not discussed | Reserved as unnecessary because the first prong was dispositive. |
A published decision describes one case. It is not legal advice and not a prediction for yours.