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EB-2 NIWBusiness and managementEmployerDecided April 2025Dismissed

Outcome: Dismissed

APR042025_06B5203

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

Our summary

An employer petitioned for an EB-2 national interest waiver for a financial manager proposing to establish an alcoholic beverage trade company with cultural activities. The AAO found the proposed endeavor had substantial merit but lacked national importance, as projected job creation and economic benefits were insufficient to demonstrate broader economic impact. Appeal dismissed.

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 alcoholic beverage distribution and trade business lacked demonstrable national importance despite business metrics and projections.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed alcoholic beverage distribution and trade business lacked demonstrable national importance despite business metrics and projections.
Well positionedNot reached / not discussedNot reached because first prong failed; Dhanasar framework requires analysis of national importance before addressing petitioner positioning.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; third prong not analyzed when first prong dispositive.

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

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