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EB-2 NIWData science and analyticsIndividualDecided May 2024Dismissed

Outcome: Dismissed

MAY282024_01B5203

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

Our summary

A business intelligence analyst with two master's degrees and over a decade of IT experience sought EB-2 national interest waiver. The AAO dismissed the appeal because the petitioner failed to meaningfully challenge the first prong finding and did not establish national importance.

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 meaningfully challenge first prong on appeal; appeal brief did not establish national importance of proposed endeavor.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner failed to meaningfully challenge first prong on appeal; appeal brief did not establish national importance of proposed endeavor.
Well positionedNot reached / not discussedFirst prong failed; second prong not reached as analysis unnecessary per Dhanasar framework.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached as analysis unnecessary per Dhanasar framework.

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

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