Skip to content
Merito
← Back to results
EB-2 NIWBusiness and managementIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP202023_04B5203

Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed

Our summary

Transportation chief executive seeks EB-2 NIW claiming exceptional ability and national interest. AAO held petitioner failed to establish exceptional ability degree of expertise significantly above ordinary; meeting three criteria insufficient without demonstrating final merits; national importance prong not analyzed due to threshold failure.

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 acknowledged petitioner is well positioned to advance proposed endeavor.

What was missing

  • Merit and national importance · Transportation sector executive role fails to demonstrate national importance; evidence does not establish endeavor impacts field or national economy beyond employer.

Criteria

CriterionReadingWhy
Merit and national importanceNot metTransportation sector executive role fails to demonstrate national importance; evidence does not establish endeavor impacts field or national economy beyond employer.
Well positionedMetDirector acknowledged petitioner is well positioned to advance proposed endeavor.
Balance favors a waiverNot reached / not discussedNot reached because petitioner fails underlying EB-2 exceptional ability threshold.

A published decision describes one case. It is not legal advice and not a prediction for yours.

Similar decisions

Decisions whose text is closest to this one.