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EB-2 NIWLaw, policy, social scienceIndividualDecided July 2024Dismissed

Outcome: Dismissed

JUL102024_02B5203

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

Our summary

Legal consultant seeking EB-2 NIW claimed proposed endeavor in specialized legal services would transform legal industry. AAO dismissed appeal, finding no national importance shown; work would impact only clients, not broader field, and petitioner failed to demonstrate how initiative would create jobs or substantial economic effects.

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 lacks national importance; proposed work as legal consultant would benefit only clients or local community, not broader field

Criteria

CriterionReadingWhy
Merit and national importanceNot metEndeavor lacks national importance; proposed work as legal consultant would benefit only clients or local community, not broader field
Well positionedNot reached / not discussedNot reached because first prong failed; Dhanasar requires national importance before considering positioning
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; decision reserved this issue as unnecessary

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

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