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EB-2 NIWEducation and academiaIndividualDecided November 2023Dismissed

Outcome: Dismissed

NOV132023_01B5203

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

Our summary

Physical education instructor with advanced degree sought EB-2 NIW. AAO held the proposed endeavor lacks national importance; training programs benefit individual clients but do not establish broader fitness industry implications or substantial economic effects required.

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 · Physical education instruction lacks national importance; benefits limited to individual clients without broader fitness or industry implications.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPhysical education instruction lacks national importance; benefits limited to individual clients without broader fitness or industry implications.
Well positionedNot reached / not discussedNot analyzed because first prong failed; director found substantial merit and petitioner well-positioned but not national importance.
Balance favors a waiverNot reached / not discussedNot analyzed because first prong failed; third prong analysis reserved.

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

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