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EB-2 NIWMarketing, media, communicationsEmployerDecided March 2024Dismissed

Outcome: Dismissed

MAR182024_01B5203

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

Our summary

Communications specialist with advanced degree sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish national importance of proposed sustainability communications endeavor; industry importance does not substitute for specific endeavor impact.

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 · Director found petitioner well-positioned to advance endeavor under second prong

What was missing

  • Merit and national importance · Petitioner established substantial merit but failed national importance; duties central to employer company, no broad implications beyond employer and clients

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner established substantial merit but failed national importance; duties central to employer company, no broad implications beyond employer and clients
Well positionedMetDirector found petitioner well-positioned to advance endeavor under second prong
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; reserved for potential remand

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

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