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EB-2 NIWSports and athleticsIndividualDecided August 2023Dismissed

Outcome: Dismissed

AUG012023_03B5203

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

Our summary

Self-petitioner entrepreneur in physical education sought NIW for establishing a basketball academy in New York. AAO found the endeavor has substantial merit but lacks national importance. The proposed basketball academy and coaching would benefit only its own students without broader impact on the field, failing the first prong of Dhanasar.

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 basketball academy lacks sufficient evidence of national importance or broader prospective impact beyond its own operations and students.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed basketball academy lacks sufficient evidence of national importance or broader prospective impact beyond its own operations and students.
Well positionedNot reached / not discussedNot analyzed because first prong fails; decision reserves these issues.
Balance favors a waiverNot reached / not discussedNot analyzed because first prong fails; decision reserves these issues.

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

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