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EB-2 NIWBusiness and managementIndividualDecided November 2023Dismissed

Outcome: Dismissed

NOV012023_04B5203

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

Our summary

Human resources entrepreneur sought NIW as EB-2 advanced degree or exceptional ability holder. Proposed HR consulting services in Texas. AAO reversed Director's advanced degree finding; affirmed denial under Dhanasar, finding endeavor lacked national importance despite employment projections and industry 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 · Human resources consulting business lacks national importance; impact limited to clients without broader field implications

Criteria

CriterionReadingWhy
Merit and national importanceNot metHuman resources consulting business lacks national importance; impact limited to clients without broader field implications
Well positionedNot reached / not discussedFirst prong failed; second prong not reached per Bagamasbad
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached per Bagamasbad

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

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