EB-2 NIWEntrepreneurshipIndividualDecided April 2024Dismissed
Outcome: Dismissed
APR192024_08B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneur in toy sales and rental business sought EB-2 classification as individual of exceptional ability and national interest waiver. AAO dismissed appeal because petitioner failed to establish exceptional ability by meeting at least three of six criteria; Dhanasar framework analysis was reserved.
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
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | First prong failed; decision reserved Dhanasar analysis and did not reach it |
 Well positioned | Not reached / not discussed | Not reached because first prong failed |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed |
A published decision describes one case. It is not legal advice and not a prediction for yours.