EB-2 NIWEntrepreneurshipIndividualDecided April 2023Dismissed
Outcome: Dismissed
APR172023_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneur seeking EB-2 NIW for e-commerce accessory and clothing business claimed endeavor had national importance through job creation and sustainable practices. AAO held proposed endeavor lacks national importance because it would impact only company employees and specific customers, not the industry broadly, and applicant failed to demonstrate substantial positive economic effects at national level.
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 e-commerce clothing business lacks national importance; limited to eleven employees and specific customer base without broader industry impact.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed e-commerce clothing business lacks national importance; limited to eleven employees and specific customer base without broader industry impact. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; decision reserved remaining arguments under Dhanasar framework. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; decision reserved remaining arguments under Dhanasar framework. |
A published decision describes one case. It is not legal advice and not a prediction for yours.