EB-2 NIWBusiness and managementIndividualDecided October 2022Dismissed
Outcome: Dismissed
OCT312022_04B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Former customs official sought NIW for EB-2 classification to establish customs consulting firm and clearance services in United States. AAO dismissed appeal, finding proposed endeavor lacks national importance beyond petitioner's clientele, petitioner lacks entrepreneurial experience despite customs expertise, and therefore waiver not warranted.
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 customs consulting firm lacks evidence of broader implications for import-export industry or substantial positive economic effects on U.S. economy.
- Well positioned · Petitioner has customs expertise and relevant education but no demonstrated entrepreneurial experience or record of business success necessary for positioning.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed customs consulting firm lacks evidence of broader implications for import-export industry or substantial positive economic effects on U.S. economy. |
 Well positioned | Not met | Petitioner has customs expertise and relevant education but no demonstrated entrepreneurial experience or record of business success necessary for positioning. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed first and second prongs; decision reserves opinion on third prong when earlier prongs not established. |
A published decision describes one case. It is not legal advice and not a prediction for yours.