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EB-2 NIWSports and athleticsIndividualDecided June 2024Dismissed

Outcome: Dismissed

JUN052024_01B5203

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

Our summary

An exercise trainer and group fitness instructor seeking EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO agreed endeavor lacked national importance; benefits limited to small subset of clients. AAO also withdrew director's finding that petitioner was well positioned to advance endeavor.

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 · Exercise training services benefit only direct clients; no national or global implications demonstrated
  • Well positioned · AAO withdrew director's finding; record insufficiently describes petitioner's positioning

Criteria

CriterionReadingWhy
Merit and national importanceNot metExercise training services benefit only direct clients; no national or global implications demonstrated
Well positionedNot metAAO withdrew director's finding; record insufficiently describes petitioner's positioning
Balance favors a waiverNot reached / not discussedFirst and second prongs failed; third prong not reached

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

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