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EB-2 NIWBusiness and managementIndividualDecided May 2023Dismissed

Outcome: Dismissed

MAY252023_07B5203

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

Our summary

Human resources professional with foreign bachelor's degree equivalent sought NIW under EB-2. Petitioner failed advanced degree requirement and did not establish national importance of proposed endeavor. AAO dismissed appeal, finding professional shortage alone insufficient without demonstrating significant 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 · Petitioner failed to establish proposed endeavor has national importance; shortage of HR professionals insufficient without demonstrating impact.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner failed to establish proposed endeavor has national importance; shortage of HR professionals insufficient without demonstrating impact.
Well positionedNot reached / not discussedFirst prong failed; second prong not reached per Dhanasar framework.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached per Dhanasar framework.

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

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