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EB-2 NIWBusiness and managementIndividualDecided March 2024Dismissed

Outcome: Dismissed

MAR192024_04B5203

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

Our summary

Accountant with advanced degree sought NIW to own and operate accounting firm. AAO affirmed Director's finding that the proposed endeavor lacks national importance, as projected hiring and local community impact do not reach the level contemplated by Dhanasar. Appeal dismissed.

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; not disputed on appeal

What was missing

  • Merit and national importance · Proposed accounting firm with five projected employees lacks national importance; impact limited to local clientele

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed accounting firm with five projected employees lacks national importance; impact limited to local clientele
Well positionedMetDirector found petitioner well-positioned to advance endeavor; not disputed on appeal
Balance favors a waiverNot reached / not discussedNot reached; first prong failure is dispositive and petitioner did not establish national importance

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

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