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EB-2 NIWAgriculture and foodIndividualDecided 2024Dismissed

Outcome: Dismissed

JUL022024_05B5203

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

Our summary

Agricultural technician with advanced degree sought NIW for EB-2 to operate halal-certified farm. AAO dismissed appeal because the proposed farm endeavor lacked national importance; it would not significantly employ U.S. workers or extend beyond individual clientele to impact agriculture broadly, despite substantial merit.

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 has substantial merit but lacks national importance; farm would not significantly employ U.S. workers or impact agriculture broadly

Criteria

CriterionReadingWhy
Merit and national importanceNot metEndeavor has substantial merit but lacks national importance; farm would not significantly employ U.S. workers or impact agriculture broadly
Well positionedNot reached / not discussedNot reached because first prong failed; issue is dispositive
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; issue is dispositive

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

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