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EB-2 NIWEntrepreneurshipIndividualDecided April 2021Dismissed

Outcome: Dismissed

APR192021_08B5203

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

Our summary

An entrepreneur sought EB-2 as advanced degree holder or exceptional ability person with national interest waiver. The AAO found no advanced degree, rejected exceptional ability (unmet criteria), and dismissed the NIW claim under Dhanasar because the first prong failed: his business income and employment gains did not establish substantial merit or national importance.

Official PDF

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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 · Business income and employment did not demonstrate substantial national economic impact

Criteria

CriterionReadingWhy
Merit and national importanceNot metBusiness income and employment did not demonstrate substantial national economic impact
Well positionedNot reached / not discussedFirst prong failed so second prong analysis unnecessary
Balance favors a waiverNot reached / not discussedFirst prong failed so third prong analysis unnecessary

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

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