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EB-2 NIWEntrepreneurshipIndividualDecided April 2023Dismissed

Outcome: Dismissed

APR252023_03B5203

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

Our summary

Entrepreneur with advanced degree seeking NIW for EB-2 classification for supermarket and auto sales business. AAO dismissed appeal because petitioner failed to establish that specific proposed endeavor has national importance; unsupported assertions about job creation and innovation do not meet burden of proof.

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 supermarket and auto sales endeavor lacks evidence of national importance or substantial economic effects

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed supermarket and auto sales endeavor lacks evidence of national importance or substantial economic effects
Well positionedNot reached / not discussedFirst prong failed; second prong not reached per Dhanasar framework
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached per Dhanasar framework

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

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