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EB-2 NIWBusiness and managementIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP062023_01B5203

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

Our summary

A marketing manager and entrepreneur sought EB-2 NIW to establish a digital marketing consulting agency in Florida. The AAO dismissed the appeal, finding the business had substantial merit but lacked national importance as required by the first Dhanasar prong; the endeavor would only benefit the petitioner's clients, not the broader field.

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 endeavor has substantial merit but lacks national importance; limited to petitioner's business and clients without broader field impact.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor has substantial merit but lacks national importance; limited to petitioner's business and clients without broader field impact.
Well positionedNot reached / not discussedNot reached because first prong failed; AAO declined to address second and third prongs.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; AAO declined to address second and third prongs.

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

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