EB-2 NIWBusiness and managementIndividualDecided September 2024Dismissed
Outcome: Dismissed
SEP052024_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Lodging manager with foreign master's degree seeking NIW and EB-2 as advanced degree professional. AAO found lodging management positions do not require baccalaureate degree, disqualifying petitioner from EB-2. Additionally, petitioner impermissibly changed proposed endeavor from lodging work to hotel sustainability business mid-petition, violating requirement of consistent proposed endeavor.
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 · Initial endeavor as lodging manager lacked sufficient detail; petitioner materially changed proposed endeavor in RFE reply to hotel sustainability focus, impermissible mid-petition.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Initial endeavor as lodging manager lacked sufficient detail; petitioner materially changed proposed endeavor in RFE reply to hotel sustainability focus, impermissible mid-petition. |
 Well positioned | Not reached / not discussed | Not analyzed because first prong failed and underlying EB-2 qualification not established; decision reserves opinion. |
 Balance favors a waiver | Not reached / not discussed | Not analyzed because first prong failed and underlying EB-2 qualification not established; decision reserves opinion. |
A published decision describes one case. It is not legal advice and not a prediction for yours.