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EB-2 NIWEntrepreneurshipIndividualDecided April 2023Dismissed

Outcome: Dismissed

APR262023_03B5203

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

Our summary

Self-petitioner entrepreneur in wellness industry sought EB-2 NIW. Advanced degree requirement met. AAO dismissed appeal, finding proposed sports nutrition business expansion lacked substantial national importance; endeavor too narrow, without demonstrated impact on field broadly or economically depressed areas.

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 wellness business endeavor lacks sufficient prospective national impact; industry importance alone insufficient

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed wellness business endeavor lacks sufficient prospective national impact; industry importance alone insufficient
Well positionedNot reached / not discussedFirst prong failed; second prong not analyzed per Dhanasar framework
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not analyzed per Dhanasar framework

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

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