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EB-2 NIWBusiness and managementIndividualDecided January 2024Dismissed

Outcome: Dismissed

JAN032024_02B5203

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

Our summary

Entrepreneur seeking EB-2 classification with national interest waiver for spa services business. Claimed business would address industry shortage and create jobs. AAO dismissed appeal, finding petitioner failed to establish national importance of specific proposed endeavor, lacking evidence of broader industry implications or substantial economic effects required under Dhanasar first prong.

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 · Spa services company lacks broader industry implications, significant employment potential, or substantial economic effects at national level

Criteria

CriterionReadingWhy
Merit and national importanceNot metSpa services company lacks broader industry implications, significant employment potential, or substantial economic effects at national level
Well positionedNot reached / not discussedNot reached because first prong failed; decision reserves analysis of second and third prongs
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; decision reserves analysis of second and third prongs

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

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