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EB-2 NIWBusiness and managementIndividualDecided March 2024Dismissed

Outcome: Dismissed

MAR222024_02B5203

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

Our summary

Operations manager sought NIW, describing proposed endeavor variously as general corporate optimization and then sustainable fast-casual dining. AAO dismissed appeal because petitioner failed to consistently articulate the endeavor's nature, making analysis under Dhanasar framework impossible.

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 · Petitioner presented inconsistent, dueling descriptions of proposed endeavor; cannot evaluate national importance without stable articulation of the proposal.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner presented inconsistent, dueling descriptions of proposed endeavor; cannot evaluate national importance without stable articulation of the proposal.
Well positionedNot reached / not discussedFirst prong failed; second prong not reached or analyzed.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached or analyzed.

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

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