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EB-2 NIWBusiness and managementIndividualDecided February 2022Dismissed

Outcome: Dismissed

FEB252022_01B5203

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

Our summary

A marketing manager sought NIW under EB-2. The AAO dismissed the appeal, finding the petitioner failed the first prong of Dhanasar: the specific proposed endeavor lacked national importance. While marketing management is important generally, his particular services showed no demonstrated substantial economic impact or job creation potential.

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 endeavor lacks demonstrated national importance; specific marketing services do not extend beyond employer to impact economy broadly.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor lacks demonstrated national importance; specific marketing services do not extend beyond employer to impact economy broadly.
Well positionedNot reached / not discussedFirst prong failed; second prong not analyzed per Dhanasar framework.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not analyzed per Dhanasar framework.

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

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