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EB-2 NIWLaw, policy, social scienceIndividualDecided August 2023Dismissed

Outcome: Dismissed

AUG282023_03B5203

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

Our summary

A manager and lawyer sought national interest waiver for immigration consulting business. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance and the petitioner was not well positioned to advance it, lacking immigration law credentials and prior business ownership experience.

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 failed to demonstrate national importance of immigration consulting
  • Well positioned · Petitioner lacked immigration law background and prior business establishment experience

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner failed to demonstrate national importance of immigration consulting
Well positionedNot metPetitioner lacked immigration law background and prior business establishment experience
Balance favors a waiverNot reached / not discussedAAO reserved issue; failure on first two prongs precluded analysis

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

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