EB-2 NIWLaw, policy, social scienceIndividualDecided August 2024Dismissed
Outcome: Dismissed
AUG022024_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A patent attorney seeking self-employment as affordable patent counsel for innovators and small businesses claimed national importance based on USPTO innovation initiatives. The AAO held the endeavor lacks national importance because it would benefit only individual clients, not impact patent law broadly, and requires substantial positive economic effects beyond individual benefit.
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 endeavor as self-employed patent attorney lacks national importance; benefits limited to individual clients, does not impact field broadly.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor as self-employed patent attorney lacks national importance; benefits limited to individual clients, does not impact field broadly. |
 Well positioned | Not reached / not discussed | First prong failed; second prong not reached as dispositive issue. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third prong not reached as dispositive issue. |
A published decision describes one case. It is not legal advice and not a prediction for yours.