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EB-2 NIWBusiness and managementEmployerDecided April 2023Dismissed

Outcome: Dismissed

APR122023_03B5203

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

Our summary

Risk management advisor in occupational health and safety sought EB-2 NIW. Service center found advanced degree qualification but denied waiver. AAO affirmed: proposed endeavor of providing consulting services lacked national importance under Dhanasar's first prong because benefits would not extend beyond her employer and clientele to impact the field 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 · Proposed endeavor lacked sufficient prospective impact; benefits limited to employer and clients, not field broadly.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor lacked sufficient prospective impact; benefits limited to employer and clients, not field broadly.
Well positionedNot reached / not discussedNot reached because first prong failed; discretionary dismissal on that basis alone.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; discretionary dismissal on that basis alone.

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

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