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EB-2 NIWBusiness and managementIndividualDecided 2019Dismissed

Outcome: Dismissed

APR152019_01B5203

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

Our summary

A restaurant owner sought EB-2 classification with national interest waiver. The AAO found she qualified for EB-2 as member of professions holding advanced degree but dismissed her waiver claim under Dhanasar framework, concluding the proposed endeavor lacked demonstrated national importance.

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 · AAO found local restaurant venture lacked demonstration of national importance required by first prong.

Criteria

CriterionReadingWhy
Merit and national importanceNot metAAO found local restaurant venture lacked demonstration of national importance required by first prong.
Well positionedNot reached / not discussedAAO declined to analyze this prong after finding first prong failed.
Balance favors a waiverNot reached / not discussedAAO declined to address third prong balancing factors as first prong not established.

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

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