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EB-2 NIWBusiness and managementIndividualDecided 2023Dismissed

Outcome: Dismissed

JUL182023_02B5203

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

Our summary

Entrepreneur in gym and martial arts studio industry sought EB-2 classification with national interest waiver. AAO dismissed appeal because petitioner established substantial merit but failed to demonstrate national importance; proposed endeavor lacked broader implications beyond benefiting own business and clients.

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 established substantial merit but failed to show national importance; endeavor lacked broader implications beyond own gym and martial arts studio

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner established substantial merit but failed to show national importance; endeavor lacked broader implications beyond own gym and martial arts studio
Well positionedNot reached / not discussedAAO declined to reach second prong after first prong failure was dispositive
Balance favors a waiverNot reached / not discussedAAO declined to reach third prong after first prong failure

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

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