EB-2 NIWCivil and environmental engineeringIndividualDecided September 2023Dismissed
Outcome: Dismissed
SEP282023_11B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A civil engineer proposing a clean energy consulting company seeking EB-2 with national interest waiver. The AAO affirmed the director's finding that the proposed endeavor lacks national importance. Business plan lacked sufficient detail on worker employment and economic impact. Appeal dismissed on first Dhanasar prong; second and third prongs reserved.
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 clean energy consulting endeavor lacks demonstrated national importance; impact insufficient to extend beyond specific organization
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed clean energy consulting endeavor lacks demonstrated national importance; impact insufficient to extend beyond specific organization |
 Well positioned | Not reached / not discussed | National importance prong failed; Director did not analyze second prong |
 Balance favors a waiver | Not reached / not discussed | National importance prong failed; reserved for potential remand |
A published decision describes one case. It is not legal advice and not a prediction for yours.