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EB-2 NIWBusiness and managementIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP282023_03B5203

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

Our summary

HR and organizational development consultant sought NIW under EB-2 advanced degree. Director found EB-2 eligibility met. AAO agreed first prong requires specific endeavor's national importance, not field importance; petitioner's past achievements and SMB support do not establish proposed endeavor's broader implications for HR 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 HR consulting endeavor lacks documentation of broader field impact; importance of industry cannot substitute for specific endeavor's national importance.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed HR consulting endeavor lacks documentation of broader field impact; importance of industry cannot substitute for specific endeavor's national importance.
Well positionedNot reached / not discussedFirst prong failed; second prong not reached per Dhanasar framework.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached per Dhanasar framework.

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

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