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EB-2 NIWBusiness and managementIndividualDecided November 2023Dismissed

Outcome: Dismissed

NOV222023_03B5203

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

Our summary

A professional with an advanced degree sought national interest waiver for a strategy and marketing consulting business serving automotive manufacturers transitioning to sustainable technologies. The AAO dismissed the appeal because the proposed endeavor lacked sufficient documentation of national importance and the petitioner presented inconsistent, material changes to his proposed business model.

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 · Proposed endeavor of marketing strategy services lacked sufficient detail and documentation of national-level impact on automotive industry
  • Well positioned · Petitioner presented inconsistent and insufficient evidence regarding the substantive nature and scope of proposed endeavor

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor of marketing strategy services lacked sufficient detail and documentation of national-level impact on automotive industry
Well positionedNot metPetitioner presented inconsistent and insufficient evidence regarding the substantive nature and scope of proposed endeavor
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed first and second prongs of Dhanasar framework

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

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