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EB-2 NIWBusiness and managementIndividualDecided 2023Dismissed

Outcome: Dismissed

JUL182023_01B5203

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

Our summary

Entrepreneur in sales and marketing sought NIW for EB-2 advanced degree classification. AAO dismissed appeal, finding proposed business consulting endeavor lacked national importance despite petitioner's experience and intention to hire U.S. workers in SBA HUBZone; impact insufficient to meet Dhanasar requirements.

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 business consulting endeavor lacks national importance; impact limited to petitioner, business partners, and clients without broad national or global scale

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed business consulting endeavor lacks national importance; impact limited to petitioner, business partners, and clients without broad national or global scale
Well positionedNot reached / not discussedNot reached because first prong fails; petitioner's 25 years experience relates to second prong, not first
Balance favors a waiverNot reached / not discussedNot reached because first prong fails

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

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