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EB-2 NIWArts, design, architectureIndividualDecided February 2024Dismissed

Outcome: Dismissed

FEB052024_03B5203

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

Our summary

Tattoo artist sought EB-2 classification with national interest waiver. Met exceptional ability but failed to demonstrate endeavor has national importance. AAO affirmed denial because tattoo business lacks significant impact on broader field or substantial economic effects beyond direct clients.

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 · Endeavor lacks national importance; benefits only direct clients, not regional or national population.

Criteria

CriterionReadingWhy
Merit and national importanceNot metEndeavor lacks national importance; benefits only direct clients, not regional or national population.
Well positionedNot reached / not discussedFirst prong dispositive; second prong not reached under Bagamasbad doctrine.
Balance favors a waiverNot reached / not discussedFirst prong dispositive; third prong not reached under Bagamasbad doctrine.

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

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