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EB-2 NIWBusiness and managementIndividualDecided December 2024Dismissed

Outcome: Dismissed

DEC092024_03B5203

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

Our summary

A customs broker and CEO sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The AAO affirmed denial of both requests, finding the petitioner failed the first Dhanasar prong; while the aviation industry is important, his specific endeavor lacks national importance and his claimed economic benefits lack sufficient evidentiary support.

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 · Customs broker's air cargo work lacks national importance; generalized statements about aviation industry importance misapply Dhanasar; no specific prospective impact or economic benefit demonstrated

Criteria

CriterionReadingWhy
Merit and national importanceNot metCustoms broker's air cargo work lacks national importance; generalized statements about aviation industry importance misapply Dhanasar; no specific prospective impact or economic benefit demonstrated
Well positionedNot reached / not discussedFirst prong failed; second prong not reached
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached

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

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