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EB-2 NIWBusiness and managementIndividualDecided August 2023Dismissed

Outcome: Dismissed

AUG012023_04B5203

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

Our summary

Individual of exceptional ability sought NIW for construction and remodeling business. AAO dismissed, finding applicant's focus on education and experience was irrelevant to national importance; proposed endeavor showed only local/regional benefits without demonstrating broader implications required by 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 construction/remodeling endeavor in suburban area employing 122 workers at average wage of $26,881 annually did not establish substantial positive economic effects at national level.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed construction/remodeling endeavor in suburban area employing 122 workers at average wage of $26,881 annually did not establish substantial positive economic effects at national level.
Well positionedNot reached / not discussedNot reached because first prong failed; decision reserved opinion.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; decision reserved opinion.

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

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