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EB-2 NIWBusiness and managementIndividualDecided March 2024Dismissed

Outcome: Dismissed

MAR082024_04B5203

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

Our summary

Executive chef with foreign bachelor's degree sought EB-2 NIW claiming the endeavor would innovate Italian cuisine in U.S. establishments. The AAO dismissed because she focused on occupational importance rather than her specific endeavor's prospective impact; preparing food for direct customers lacks broader field implications required by Dhanasar.

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 · Chef's work limited to direct clients and food preparation staff; no broader field impact or prospective national implications

Criteria

CriterionReadingWhy
Merit and national importanceNot metChef's work limited to direct clients and food preparation staff; no broader field impact or prospective national implications
Well positionedNot reached / not discussedFirst prong failure is dispositive; remaining prongs not reached per Bagamasbad
Balance favors a waiverNot reached / not discussedFirst prong failure is dispositive; remaining prongs 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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