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EB-2 NIWBusiness and managementIndividualDecided April 2023Dismissed

Outcome: Dismissed

APR052023_01B5203

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

Our summary

Human resources specialist sought NIW for EB-2 classification. She claimed her proposed HR consulting work had national importance via business plan and industry reports. AAO held the endeavor lacked national importance because her work would benefit only specific clients and employers, not the HR field or economy broadly.

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 · Endeavor found to have substantial merit but lacked national importance; limited to specific clients and workplace impact only.

Criteria

CriterionReadingWhy
Merit and national importanceNot metEndeavor found to have substantial merit but lacked national importance; limited to specific clients and workplace impact only.
Well positionedNot reached / not discussedFirst prong failed; second and third prongs not reached per agency precedent.
Balance favors a waiverNot reached / not discussedFirst prong failed; second and third prongs not reached per agency precedent.

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

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