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EB-2 NIWLaw, policy, social scienceEmployerDecided August 2022Dismissed

Outcome: Dismissed

AUG232022_05B5203

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

Our summary

Legal analyst sought EB-2 national interest waiver. Director found petitioner qualified for underlying EB-2 classification but failed all three Dhanasar prongs. AAO affirmed, finding petitioner changed proposed endeavor from legal analyst to legal business analyst entrepreneur, preventing coherent Dhanasar analysis.

Official PDF

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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 materially changed proposed endeavor between filing and appeal

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner materially changed proposed endeavor between filing and appeal
Well positionedNot reached / not discussedNot reached due to inconsistent proposed endeavor
Balance favors a waiverNot reached / not discussedNot reached due to inconsistent proposed endeavor

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

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