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EB-2 NIWMarketing, media, communicationsEmployerDecided January 2023Dismissed

Outcome: Dismissed

JAN312023_02B5203

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

Our summary

A marketing professional with tourism and hotel management degree sought an EB-2 national interest waiver to start and manage her own tourism business. The AAO affirmed denial, finding her proposed endeavor lacked national importance because it would serve only specific clients without broader economic impact, and she was not well positioned to advance it.

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 of starting own tourism marketing business lacks national importance; no evidence of broader implications or economically depressed area location
  • Well positioned · Letters from industry contacts do not establish petitioner is well positioned to advance proposed business endeavor

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor of starting own tourism marketing business lacks national importance; no evidence of broader implications or economically depressed area location
Well positionedNot metLetters from industry contacts do not establish petitioner is well positioned to advance proposed business endeavor
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed first and second prongs of Dhanasar framework

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

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