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EB-2 NIWEntrepreneurshipIndividualDecided April 2024Dismissed

Outcome: Dismissed

APR182024_01B5203

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

Our summary

Inventor and entrepreneur seeking EB-2 NIW claimed patent applications and competition wins as evidence. AAO held petitioner failed to establish exceptional ability under regulatory criteria and did not qualify for EB-2 classification, so NIW eligibility was not reached.

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 discussedPetitioner failed to establish EB-2 eligibility; national interest waiver not reached.
Well positionedNot reached / not discussedFirst prong failed; second prong not analyzed.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not analyzed.

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

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