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EB-2 NIWArts, design, architectureIndividualDecided September 2022Dismissed

Outcome: Dismissed

SEP132022_01B5203

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

Our summary

Architect sought NIW for EB-2 advanced degree classification for proposed architectural and design projects. AAO held petitioner failed to establish specific consistent proposed endeavor and did not demonstrate national importance beyond general field significance, thus failing Dhanasar first prong.

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 did not articulate specific consistent proposed endeavor; generic architectural goals lack national importance distinct from field importance

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner did not articulate specific consistent proposed endeavor; generic architectural goals lack national importance distinct from field importance
Well positionedNot reached / not discussedFirst prong failed; second prong not reached as decision reserves opinion on remaining prongs
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached as decision reserves opinion on remaining prongs

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

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