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EB-2 NIWBusiness and managementIndividualDecided 2023Dismissed

Outcome: Dismissed

AUG312023_05B5203

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

Our summary

Security consultant sought EB-2 with national interest waiver. AAO held proposed endeavor lacked national importance and petitioner was not well-positioned to advance it; petitioner failed to demonstrate that specific endeavor had prospective impact or broader implications commensurate with 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 · Proposed security consulting and business endeavor lacks national importance; no evidence of prospective impact or substantial positive economic effects
  • Well positioned · Petitioner attributes focus on individual success rather than endeavor itself; personal qualities not germane to positioning question

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed security consulting and business endeavor lacks national importance; no evidence of prospective impact or substantial positive economic effects
Well positionedNot metPetitioner attributes focus on individual success rather than endeavor itself; personal qualities not germane to positioning question
Balance favors a waiverNot reached / not discussedNot reached because first and second prongs failed; decision reserved this issue

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

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