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EB-2 NIWArts, design, architectureIndividualDecided June 2023Dismissed

Outcome: Dismissed

JUN062023_05B5203

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

Our summary

An architect with 20+ years experience seeks an NIW for EB-2 as advanced degree professional. He claimed his design, consulting and planning services have national importance via construction industry boost, tourism, historic revitalization, and federal initiatives. The AAO affirmed denial because his specific proposed endeavor lacks demonstrated national implications or prospective impact.

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 endeavor lacks national importance; no evidence of broader implications for field, economically depressed areas, or specific national impact beyond employers and clients.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor lacks national importance; no evidence of broader implications for field, economically depressed areas, or specific national impact beyond employers and clients.
Well positionedNot reached / not discussedFirst prong failed; second prong not reached per Bagamasbad.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached per Bagamasbad.

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

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