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EB-2 NIWCivil and environmental engineeringIndividualDecided October 2024Dismissed

Outcome: Dismissed

OCT182024_04B5203

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

Our summary

A civil engineer sought EB-2 NIW status to establish an asphalt and paving consulting firm in Vermont offering training and management services. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would not extend beyond local clientele to impact the construction industry broadly.

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 · Asphalt and paving consulting services lack demonstrated potential to impact the construction industry broadly or achieve national importance.

Criteria

CriterionReadingWhy
Merit and national importanceNot metAsphalt and paving consulting services lack demonstrated potential to impact the construction industry broadly or achieve national importance.
Well positionedNot reached / not discussedFirst prong failure makes analysis of second prong unnecessary; decision reserves opinion on this criterion.
Balance favors a waiverNot reached / not discussedFirst prong failure makes analysis of third prong unnecessary; decision reserves opinion on this criterion.

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

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