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EB-2 NIWLaw, policy, social scienceIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP222023_05B5203

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

Our summary

Foreign legal consultant sought EB-2 with national interest waiver. AAO dismissed appeal finding no national importance. Laudable goals for capital accumulation, job creation, and legal innovation lacked evidence of prospective broad impact. Past achievements and conclusions about influence on legal field insufficient without detailed demonstration of field-wide or economic significance.

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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 · National importance not established; past achievements do not demonstrate broad impact on legal field or economy

Criteria

CriterionReadingWhy
Merit and national importanceNot metNational importance not established; past achievements do not demonstrate broad impact on legal field or economy
Well positionedNot reached / not discussedFirst prong failed; second prong not analyzed as dispositive
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not analyzed as dispositive

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

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