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EB-2 NIWBusiness and managementIndividualDecided February 2026Dismissed

Outcome: Dismissed

FEB042026_02B5203

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

Our summary

Business researcher proposed financial-marketing integration model for small business performance, then materially expanded endeavor during RFE response to include professorship, additional research areas, and advisory work. AAO dismissed appeal: petitioner substantially altered claims after SCOPS identified deficiency, making foundational endeavor undefined and preventing proper Dhanasar framework application.

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

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedNot reached; petition materially changed between initial filing and RFE response, preventing proper Dhanasar analysis.
Well positionedNot reached / not discussedNot reached; material change to petition prevented analysis of all Dhanasar prongs.
Balance favors a waiverNot reached / not discussedNot reached; material change to petition prevented analysis of all Dhanasar prongs.

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

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