Outcome: Dismissed
OCT102023_03B5203
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
| Criterion | Reading | Why |
|---|---|---|
| Not met | 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. | |
| Not met | Petitioner would supervise freelance independent contractors rather than employ U.S. workers; record lacks details on worker numbers, compensation, and locations. | |
| Not reached / not discussed | First 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.
