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EB-2 NIWAgriculture and foodIndividualDecided May 2023Dismissed

Outcome: Dismissed

MAY042023_06B5203

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

Our summary

Business administration specialist sought NIW under EB-2 for produce import and distribution endeavor. Petitioner claimed industry knowledge and hiring would demonstrate national importance. AAO held the specific endeavor lacks national importance; industry importance alone insufficient; projected economic benefits do not reach substantial national or regional economic effects required by Dhanasar.

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 fruit and vegetable import and distribution endeavor lacks national importance; merely working in important food industry insufficient; benefits do not extend beyond company clientele.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed fruit and vegetable import and distribution endeavor lacks national importance; merely working in important food industry insufficient; benefits do not extend beyond company clientele.
Well positionedNot reached / not discussedNot reached because first prong failed; decision need not address remaining prongs.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; decision need not address remaining prongs.

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

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