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EB-2 NIWEntrepreneurshipIndividualDecided April 2023Dismissed

Outcome: Dismissed

APR212023_01B5203

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

Our summary

Entrepreneur seeking EB-2 with NIW for consulting services. AAO held petitioner lacks both advanced degree equivalency and substantive national importance for proposed endeavor; consulting services limited to small clientele without broader economic impact. Appeal dismissed.

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's consulting services lack broader national implications beyond serving small number of businesses
  • Well positioned · Petitioner failed to establish advanced degree equivalent; lacks educational foundation for advancement

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner's consulting services lack broader national implications beyond serving small number of businesses
Well positionedNot metPetitioner failed to establish advanced degree equivalent; lacks educational foundation for advancement
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed first two prongs; court declined to decide third prong

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

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