Outcome: Dismissed
MAY252023_11B5203
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
| Criterion | Reading | Why |
|---|---|---|
| Not reached / not discussed | Director found national importance satisfied but grounds for denial based on second prong made this analysis unnecessary | |
| Not met | Petitioner lacks experience as independent consultant or business operator; prior employment does not demonstrate positioning for sales operations consulting | |
| Not reached / not discussed | Second 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.
