EB-2 NIWEducation and academiaIndividualDecided September 2023Dismissed
Outcome: Dismissed
SEP192023_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Adapted physical education instructor and entrepreneur seeking EB-2 NIW to establish swim school and training programs for persons with disabilities. Petitioner submitted evidence of public health importance and job creation. AAO dismissed appeal, finding petitioner failed to establish national importance because endeavor lacked broader field impact and dissemination beyond limited participant group.
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 swim school and adapted physical education instruction lack national importance; no evidence of broader field impact or dissemination of new methodologies
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed swim school and adapted physical education instruction lack national importance; no evidence of broader field impact or dissemination of new methodologies |
 Well positioned | Not reached / not discussed | AAO reserved opinion on second prong because first prong failed |
 Balance favors a waiver | Not reached / not discussed | AAO reserved opinion on third prong because first prong failed |
A published decision describes one case. It is not legal advice and not a prediction for yours.