EB-2 NIWEducation and academiaIndividualDecided September 2023Dismissed
Outcome: Dismissed
SEP212023_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A recreation and fitness studies teacher with an advanced degree sought an EB-2 national interest waiver. The Director found his initial proposed endeavor as a classroom teacher lacked national importance. The petitioner then proposed a sports academy business instead, creating a new and inconsistent set of facts. The AAO dismissed, finding the proposed endeavor lacked definitive description and did not demonstrate national importance.
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 · Director found endeavor has substantial merit but not national importance; petitioner did not establish that specific sports academy business would impact field broadly.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Director found endeavor has substantial merit but not national importance; petitioner did not establish that specific sports academy business would impact field broadly. |
 Well positioned | Not reached / not discussed | First prong failed; AAO reserved this issue and did not analyze it. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; AAO reserved this issue and did not analyze it. |
A published decision describes one case. It is not legal advice and not a prediction for yours.