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EB-2 NIWBusiness and managementIndividualDecided 2023Dismissed

Outcome: Dismissed

JUL052023_01B5203

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

Our summary

An advanced degree professional sought national interest waiver for HVAC consulting. The AAO dismissed the appeal because the petitioner materially changed the proposed endeavor between initial filing and RFE response, preventing determination of well-positioned status under Dhanasar.

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 · Petitioner materially changed proposed endeavor during adjudication

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner materially changed proposed endeavor during adjudication
Well positionedNot reached / not discussedMaterial change in endeavor precluded analysis; AAO reserved issue
Balance favors a waiverNot reached / not discussedMaterial change in endeavor; AAO reserved issue

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

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