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EB-2 NIWBusiness and managementIndividualDecided December 2023Dismissed

Outcome: Dismissed

DEC272023_05B5203

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

Our summary

An engineer and management consultant sought EB-2 classification with national interest waiver for a consulting business. The AAO found the petitioner qualified as advanced degree professional but held the proposed endeavor lacked national importance due to modest job creation and revenue, thus dismissing the NIW appeal.

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 manufacturing and logistics consulting business lacks national importance; impact too localized and modest

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed manufacturing and logistics consulting business lacks national importance; impact too localized and modest
Well positionedNot reached / not discussedNot reached because first prong failed; decision expressly reserves opinion on remaining prongs
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; decision expressly reserves opinion on remaining prongs

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

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