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EB-2 NIWLaw, policy, social scienceIndividualDecided November 2023Dismissed

Outcome: Dismissed

NOV292023_02B5203

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

Our summary

Lawyer with advanced degree sought NIW for employment-based second preference to provide legal services to U.S. businesses. AAO affirmed denial, finding petitioner demonstrated EB-2 eligibility and substantial merit but failed to show national importance required under Dhanasar.

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

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedProposed legal services endeavor does not reach level of national importance warranting waiver
Well positionedNot reached / not discussedNot addressed on appeal; petitioner provided no specific erroneous conclusions
Balance favors a waiverNot reached / not discussedNot addressed on appeal; petitioner provided no specific erroneous conclusions

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

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