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

Outcome: Dismissed

AUG312023_09B5203

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

Our summary

Lawyer-entrepreneur sought EB-2 with national interest waiver. AAO found substantial merit in proposed legal services business but dismissed appeal because national importance not demonstrated. Revenue and job projections lacked credible support and regional impact insufficient for national significance.

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 · Substantial merit established but national importance not demonstrated; business plan projections unsubstantiated and impact limited to region

Criteria

CriterionReadingWhy
Merit and national importanceNot metSubstantial merit established but national importance not demonstrated; business plan projections unsubstantiated and impact limited to region
Well positionedNot reached / not discussedFirst prong failed; second prong not reached per Dhanasar framework
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached per Dhanasar framework

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

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