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EB-2 NIWBusiness and managementIndividualDecided April 2023Dismissed

Outcome: Dismissed

APR102023_03B5203

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

Our summary

Marketing manager sought EB-2 classification with national interest waiver. AAO dismissed appeal because petitioner's inconsistent statements about the proposed endeavor prevented evaluation of its substantial merit or national importance under Dhanasar framework.

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 · Petitioner gave inconsistent representations of proposed endeavor, preventing analysis of merit and national importance

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner gave inconsistent representations of proposed endeavor, preventing analysis of merit and national importance
Well positionedNot reached / not discussedNot reached because first prong failed; framework cannot apply to dueling proposed endeavors
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; absence of well-defined endeavor renders balancing impossible

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

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