EB-2 NIWEntrepreneurshipIndividualDecided April 2024Dismissed
Outcome: Dismissed
APR022024_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An entrepreneur seeks EB-2 classification and national interest waiver to develop and market an eyewear protection device for disabled persons in Florida. He claimed job creation, product innovation, and societal welfare benefits. The AAO agreed the field is important but found his specific endeavor lacks national importance: no evidence of industry-wide impact, substantial employment potential, or measurable economic benefits beyond his company.
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 · Substantial merit conceded; national importance lacking. Proposed eyewear protection device lacks evidence of scale, broader industry impact, or substantial positive economic effects.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Substantial merit conceded; national importance lacking. Proposed eyewear protection device lacks evidence of scale, broader industry impact, or substantial positive economic effects. |
 Well positioned | Not reached / not discussed | First prong dispositive; second prong not reached. |
 Balance favors a waiver | Not reached / not discussed | First prong dispositive; third prong not reached. |
A published decision describes one case. It is not legal advice and not a prediction for yours.