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EB-2 NIWLaw, policy, social scienceIndividualDecided 2017Dismissed

Outcome: Dismissed

MAR312017_02B5203

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

Our summary

A lawyer sought NIW as EB-2 advanced degree professional, proposing to provide legal services. The AAO dismissed, finding her tax advice practice lacks national importance and her evidence of pro bono experience does not support her stated tax law endeavor. The first prong failed; remaining prongs were not addressed.

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's tax advice practice lacks sufficient evidence of national importance; geographic diversity of clients alone does not establish national impact.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner's tax advice practice lacks sufficient evidence of national importance; geographic diversity of clients alone does not establish national impact.
Well positionedNot reached / not discussedNot addressed because first prong failed; evidence related to public interest law but proposed endeavor was tax law.
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed first prong of Dhanasar framework.

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

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