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EB-2 NIWEnergy and climateEmployerDecided June 2024Dismissed

Outcome: Dismissed

JUN282024_06B5203

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

Our summary

Real estate developer sought EB-2 with NIW for home building and remodeling using green technologies and sustainable practices. Director found endeavor nationally important; AAO reversed, finding vague strategy lacking prospective impact and petitioner not adequately positioned. Appeal dismissed on two independent bases.

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 green building and real estate development lacked specific plan and national prospective impact; assertions unsupported by detail
  • Well positioned · Record did not sufficiently describe petitioner's qualifications or situatedness to advance endeavor; burden of proof not met

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed green building and real estate development lacked specific plan and national prospective impact; assertions unsupported by detail
Well positionedNot metRecord did not sufficiently describe petitioner's qualifications or situatedness to advance endeavor; burden of proof not met
Balance favors a waiverNot reached / not discussedNot reached; first and second prongs failed

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

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