Outcome: Dismissed
APR182024_04B5203
Our summary
Attorney sought EB-2 NIW for sustainable investment and renewable energy work. Initial proposal for legal/tax expertise in private equity shifted to biogas distributor ownership during RFE response. AAO dismissed: Dhanasar framework cannot apply to inconsistently articulated endeavors; petitioner's multiple reversals prevented evaluation of merit and 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 · Petitioner changed proposed endeavor mid-proceeding; initial renewable energy investment proposal morphed to biogas distributor, creating ambiguity precluding Dhanasar analysis.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Not met | Petitioner changed proposed endeavor mid-proceeding; initial renewable energy investment proposal morphed to biogas distributor, creating ambiguity precluding Dhanasar analysis. | |
| Not reached / not discussed | Not reached because first prong failed; decision reserved opinion on this prong. | |
| Not reached / not discussed | Not reached because first prong failed; decision reserved opinion on this prong. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
