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EB-2 NIWBusiness and managementIndividualDecided September 2021Dismissed

Outcome: Dismissed

SEP222021_01B5203

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

Our summary

Marketing manager with advanced degree sought NIW waiver for EB-2 classification to operate marketing companies. AAO held proposed endeavor lacked national importance under Dhanasar first prong; petitioner's marketing services, though valuable to his clients, do not extend beyond his companies and clientele to impact field or economy nationally.

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's proposed marketing management endeavor through small companies lacks national importance; benefits limited to own companies and clientele, not field or economy broadly.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner's proposed marketing management endeavor through small companies lacks national importance; benefits limited to own companies and clientele, not field or economy broadly.
Well positionedNot reached / not discussedFirst prong failed; no meaningful purpose in analyzing second prong of Dhanasar framework.
Balance favors a waiverNot reached / not discussedFirst prong failed; no meaningful purpose in analyzing third prong of Dhanasar framework.

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

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