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EB-2 NIWEntrepreneurshipIndividualDecided August 2024Dismissed

Outcome: Dismissed

AUG012024_03B5203

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

Our summary

An entrepreneur seeking EB-2 classification with NIW for a drop-shipping cotton towel and clothing business claimed the endeavor has national importance based on articles about immigrant entrepreneurship and economic growth. The AAO dismissed the appeal, finding the petitioner failed to establish that the specific proposed endeavor would have substantial prospective impact or extend beyond serving individual company clients to affect the field nationally.

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 drop-shipping business lacks substantial prospective impact; articles on immigrant entrepreneurs do not establish specific endeavor has national importance.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed drop-shipping business lacks substantial prospective impact; articles on immigrant entrepreneurs do not establish specific endeavor has national importance.
Well positionedNot reached / not discussedFirst prong failed; second prong not reached per Bagamasbad doctrine.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached per Bagamasbad doctrine.

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

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