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EB-2 NIWEducation and academiaIndividualDecided October 2023Dismissed

Outcome: Dismissed

OCT102023_03B5203

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

Our summary

An information scientist seeks EB-2 NIW to establish a consulting company creating training materials for clients. AAO dismissed because the proposed endeavor lacks national importance and the petitioner is not well-positioned to advance it; consulting with freelance contractors does not establish employment of U.S. workers or substantial national economic benefit.

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 training material consulting lacks national or global implications; no evidence of improved processes or medical advances; insufficient detail on how endeavor impacts field broadly.
  • Well positioned · Petitioner would supervise freelance independent contractors rather than employ U.S. workers; record lacks details on worker numbers, compensation, and locations.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed training material consulting lacks national or global implications; no evidence of improved processes or medical advances; insufficient detail on how endeavor impacts field broadly.
Well positionedNot metPetitioner would supervise freelance independent contractors rather than employ U.S. workers; record lacks details on worker numbers, compensation, and locations.
Balance favors a waiverNot reached / not discussedFirst and second prongs failed; third prong opinion reserved and not addressed.

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

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