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EB-2 NIWFinance and economicsEmployerDecided May 2024Dismissed

Outcome: Dismissed

MAY302024_05B5203

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

Our summary

Accountant sought EB-2 with national interest waiver for business consulting system for small businesses. AAO held first prong failed: proposed endeavor lacked national importance as general information about small business recovery did not establish specific prospective impact on field or nation; speculation insufficient.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Well positioned · Director determined petitioner well positioned; AAO did not disturb this finding.

What was missing

  • Merit and national importance · AAO held proposed consulting system lacked national importance; benefiting some small businesses does not establish broader industry impact or substantial national effect.

Criteria

CriterionReadingWhy
Merit and national importanceNot metAAO held proposed consulting system lacked national importance; benefiting some small businesses does not establish broader industry impact or substantial national effect.
Well positionedMetDirector determined petitioner well positioned; AAO did not disturb this finding.
Balance favors a waiverNot reached / not discussedAAO declined to address third prong after finding first prong failed.

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

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