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EB-2 NIWBusiness and managementIndividualDecided June 2021Dismissed

Outcome: Dismissed

JUN072021_01B5203

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

Our summary

Business manager with advanced degree sought national interest waiver for EB-2 claiming endeavor to improve U.S. business structures and profitability. AAO found he was well positioned to advance but proposed endeavor lacked sufficient national importance specificity, failing first Dhanasar prong and rendering waiver ineligible.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Well positioned · Petitioner established he is well positioned through experience in operations management and record of business success

What was missing

  • Merit and national importance · Business consulting and management activities as general operations manager lack specificity demonstrating national importance; broad field-level importance insufficient

Criteria

CriterionReadingWhy
Merit and national importanceNot metBusiness consulting and management activities as general operations manager lack specificity demonstrating national importance; broad field-level importance insufficient
Well positionedMetPetitioner established he is well positioned through experience in operations management and record of business success
Balance favors a waiverNot reached / not discussedFirst prong failed; further analysis of third prong would serve no meaningful purpose

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

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