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EB-2 NIWBusiness and managementIndividualDecided May 2025Dismissed

Outcome: Dismissed

MAY012025_03B5203

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

Our summary

HR director seeking NIW for small business startup. Petitioner reargued previous positions on national importance without new facts or legal errors. AAO dismissed third motion to reconsider, finding evidence of business plan, expert opinion, and client letters already analyzed and found insufficient.

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 · Proposed HR consulting business lacked demonstrated national importance; business plan and expert letter insufficient

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed HR consulting business lacked demonstrated national importance; business plan and expert letter insufficient
Well positionedNot reached / not discussedFirst prong failed; second prong not reached
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached

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

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