EB-2 NIWEntrepreneurshipIndividualDecided April 2024Dismissed
Outcome: Dismissed
APR252024_09B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Self-petitioner proposes special education business for children, claims EB-2 advanced degree professional eligibility and national interest waiver. AAO affirmed denial, finding petitioner lacks required five years post-baccalaureate experience in specialty and therefore fails underlying EB-2 qualification, making NIW analysis unnecessary.
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 demonstrated substantial merit of special education business proposal but failed to establish national importance of the endeavor
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner demonstrated substantial merit of special education business proposal but failed to establish national importance of the endeavor |
 Well positioned | Not reached / not discussed | Director did not address this prong; AAO declined to reach it given failure on first prong |
 Balance favors a waiver | Not reached / not discussed | Director did not address this prong; AAO declined to reach it given failure on first prong |
A published decision describes one case. It is not legal advice and not a prediction for yours.