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EB-2 NIWArts, design, architectureIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP112023_03B5203

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

Our summary

An architectural designer from Brazil sought EB-2 NIW to establish an architecture and interior design business. The AAO dismissed the appeal because the petitioner failed to meet EB-2 categorical eligibility requirements and the proposed endeavor lacked demonstrated national importance with broader implications to the architectural 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 architectural design and interior design business has substantial merit but lacks national importance with broader field implications.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed architectural design and interior design business has substantial merit but lacks national importance with broader field implications.
Well positionedNot reached / not discussedNot reached because petitioner failed to establish EB-2 eligibility and first Dhanasar prong; AAO declined to address second and third prongs.
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed to establish EB-2 eligibility and first Dhanasar prong; AAO declined to address remaining prongs.

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

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