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EB-2 NIWEntrepreneurshipIndividualDecided April 2024Dismissed

Outcome: Dismissed

APR182024_06B5203

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

Our summary

An inventor and entrepreneur sought EB-2 exceptional ability classification and NIW. The AAO affirmed denial because petitioner failed to meet three of six exceptional ability criteria and lacked ten years full-time experience. Without EB-2 eligibility, NIW was unreachable and petition remains denied.

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 · Petitioner failed to establish EB-2 exceptional ability classification, prerequisite for NIW.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner failed to establish EB-2 exceptional ability classification, prerequisite for NIW.
Well positionedNot reached / not discussedNot reached because petitioner ineligible for EB-2 classification.
Balance favors a waiverNot reached / not discussedNot reached because petitioner ineligible for EB-2 classification.

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

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