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EB-2 NIWBusiness and managementIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP202023_07B5203

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

Our summary

A human resources counselor sought NIW for EB-2 to start a consulting business. The AAO affirmed dismissal because the specific endeavor lacked national importance; praising petitioner's qualifications and field value does not establish the proposed business would impact the field or economy at national level.

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 · Human resources counseling business lacks national importance; petitioner's skills relate to second prong not first; no evidence of broader field impact or regional economic benefits

Criteria

CriterionReadingWhy
Merit and national importanceNot metHuman resources counseling business lacks national importance; petitioner's skills relate to second prong not first; no evidence of broader field impact or regional economic benefits
Well positionedNot reached / not discussedNot reached due to failure on first prong; decision reserves opinion on second and third prongs
Balance favors a waiverNot reached / not discussedNot reached due to failure on first prong

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

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