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EB-2 NIWFilm, music, performing artsIndividualDecided October 2023Dismissed

Outcome: Dismissed

OCT312023_01B5203

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

Our summary

Film director/editor seeking EB-2 with national interest waiver initially proposed teaching cinematic arts, then shifted to establishing a business teaching film production. AAO dismissed because material change to proposed endeavor was impermissible; original endeavor lacked sufficient detail to analyze national importance.

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 · Petitioner made impermissible material change to proposed endeavor between original filing and RFE response; insufficient information to analyze initial endeavor under Dhanasar framework.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner made impermissible material change to proposed endeavor between original filing and RFE response; insufficient information to analyze initial endeavor under Dhanasar framework.
Well positionedNot reached / not discussedFirst prong failed; remaining prongs declined and reserved.
Balance favors a waiverNot reached / not discussedFirst prong failed; remaining prongs declined and reserved.

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

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