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EB-2 NIWBusiness and managementIndividualDecided December 2023Dismissed

Outcome: Dismissed

DEC212023_03B5203

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

Our summary

Advanced degree holder in transportation field self-petitioner seeks NIW for company providing truck driver services in Florida. Director found endeavor had substantial merit but lacked national importance and broader implications beyond customers and employees. Petitioner on appeal argued against numerical thresholds for economic impact but provided no evidence of regional or national economic significance. AAO affirmed dismissal.

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 established substantial merit but not national importance; no evidence of broader economic or industry impact

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner established substantial merit but not national importance; no evidence of broader economic or industry impact
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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