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EB-2 NIWEntrepreneurshipIndividualDecided April 2025Dismissed

Outcome: Dismissed

APR172025_06B5203

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

Our summary

A real estate and urban development entrepreneur sought EB-2 classification as an individual of exceptional ability, with a national interest waiver. The AAO dismissed the appeal, finding fewer than three of the six regulatory criteria met, and reserved the final merits and Dhanasar questions as unnecessary to decide.

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

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedReserved; petitioner failed the threshold EB-2 exceptional ability requirement, so the Dhanasar framework was not reached.
Well positionedNot reached / not discussedReserved; Dhanasar analysis not reached because underlying EB-2 eligibility was not established.
Balance favors a waiverNot reached / not discussedReserved; Dhanasar analysis not reached because underlying EB-2 eligibility was not established.

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

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