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EB-2 NIWBusiness and managementIndividualDecided 2023Dismissed

Outcome: Dismissed

JUL142023_02B5203

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

Our summary

A business consultant seeking EB-2 with NIW failed to meet the exceptional ability criterion (one of six required criteria met). The AAO dismissed, finding categorical EB-2 ineligibility and that the consulting endeavor lacked national importance; ripple effects of small business work insufficient.

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 · Business consulting to small enterprises lacks national importance; no evidence of broader field implications or substantial economic effects.

Criteria

CriterionReadingWhy
Merit and national importanceNot metBusiness consulting to small enterprises lacks national importance; no evidence of broader field implications or substantial economic effects.
Well positionedNot reached / not discussedNot reached because first prong failed and petitioner categorically ineligible for EB-2.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed and petitioner categorically ineligible for EB-2.

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

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