EB-2 NIWBusiness and managementIndividualDecided September 2022Dismissed
Outcome: Dismissed
SEP082022_01B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
An advanced degree holder proposing business consulting and COVID-related kiosk services sought national interest waiver. The AAO found the petitioner impermissibly changed the substantive nature of his endeavor after filing and failed to show prospective impact rising to national importance level.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Well positioned · Director determined petitioner well-positioned; AAO affirmed but did not reach second prong due to first prong failure
What was missing
- Merit and national importance · Petitioner materially changed proposed endeavor after filing; even revised plan lacks demonstrated national importance beyond business and clientele
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner materially changed proposed endeavor after filing; even revised plan lacks demonstrated national importance beyond business and clientele |
 Well positioned | Met | Director determined petitioner well-positioned; AAO affirmed but did not reach second prong due to first prong failure |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; analysis unnecessary |
A published decision describes one case. It is not legal advice and not a prediction for yours.