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EB-2 NIWBusiness and managementIndividualDecided May 2023Dismissed

Outcome: Dismissed

MAY162023_01B5203

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

Our summary

Real estate developer sought NIW under EB-2. Petitioner claimed his development endeavor has national importance and substantial merit. AAO held the proposed endeavor lacks national importance because petitioner failed to demonstrate its projected employment or economic benefits distinguish it from ordinary industry work or have substantial prospective national impact.

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 real estate development endeavor lacks demonstrable national importance; projected economic benefits not shown to reach required level of impact.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed real estate development endeavor lacks demonstrable national importance; projected economic benefits not shown to reach required level of impact.
Well positionedNot reached / not discussedNot reached because first prong failed; decision reserves argument on remaining prongs.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; decision reserves argument on remaining prongs.

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

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