EB-2 NIWBusiness and managementIndividualDecided October 2021Dismissed
Outcome: Dismissed
OCT292021_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Marketing manager sought NIW based on EB-2 exceptional ability. AAO found she qualified for underlying EB-2 but dismissed NIW appeal because she materially changed her proposed endeavor from marketing management to business ownership and autism-related services, and failed to identify a specific, coherent endeavor with national importance.
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 · Proposed endeavor lacked specificity and clarity; petitioner changed focus materially from marketing management to business ownership and autism-related services.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacked specificity and clarity; petitioner changed focus materially from marketing management to business ownership and autism-related services. |
 Well positioned | Not reached / not discussed | First prong failed; court did not reach analysis of positioning due to material changes in proposed endeavor. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; court did not reach analysis of waiver balance due to material changes in proposed endeavor. |
A published decision describes one case. It is not legal advice and not a prediction for yours.