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EB-2 NIWCivil and environmental engineeringIndividualDecided January 2024Dismissed

Outcome: Dismissed

JAN232024_06B5203

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

Our summary

An architect and sustainable construction consultant sought EB-2 classification with national interest waiver. The AAO affirmed denial because although he qualified as an advanced degree professional and his field had merit, his consulting practice lacked national importance; impact would be limited to individual clients rather than advancing the broader construction industry.

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 · Consulting practice lacked demonstrated national importance; impact limited to individual clients; sustainability field importance did not elevate specific endeavor

Criteria

CriterionReadingWhy
Merit and national importanceNot metConsulting practice lacked demonstrated national importance; impact limited to individual clients; sustainability field importance did not elevate specific endeavor
Well positionedNot reached / not discussedFirst prong failure was dispositive; second prong not analyzed
Balance favors a waiverNot reached / not discussedFirst prong failure was dispositive; third prong not analyzed

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

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