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EB-2 NIWBusiness and managementIndividualDecided 2023Dismissed

Outcome: Dismissed

MAY252023_11B5203

Merit and national importanceNot reached / not discussedWell positionedNot metBalance favors a waiverNot reached / not discussed

Our summary

Engineer initially, later claiming sales operations consulting proposed endeavor, sought EB-2 advanced degree and NIW. AAO dismissed appeal; petitioner failed to demonstrate he is well positioned to advance the proposed endeavor, which also fundamentally changed from engineering to sales consulting between petition filing and appeal.

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

  • Well positioned · Petitioner lacks experience as independent consultant or business operator; prior employment does not demonstrate positioning for sales operations consulting

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedDirector found national importance satisfied but grounds for denial based on second prong made this analysis unnecessary
Well positionedNot metPetitioner lacks experience as independent consultant or business operator; prior employment does not demonstrate positioning for sales operations consulting
Balance favors a waiverNot reached / not discussedSecond prong failed; third prong reserved as not necessary to decision

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

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