EB-2 NIWEntrepreneurshipIndividualDecided April 2023Dismissed
Outcome: Dismissed
APR242023_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneur sought NIW for medical device sales and distribution company. AAO dismissed appeal, finding the proposed endeavor lacked national importance because it showed only local/client-specific benefits, insufficient job creation, and no industry-wide implications needed to meet Dhanasar first prong.
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 · Proposed medical device sales and distribution company lacked national importance; projected job creation and economic effects were not sufficiently substantial or broad.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed medical device sales and distribution company lacked national importance; projected job creation and economic effects were not sufficiently substantial or broad. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; decision reserved opinion. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; decision reserved opinion. |
A published decision describes one case. It is not legal advice and not a prediction for yours.