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EB-2 NIWEntrepreneurshipIndividualDecided 2017Dismissed

Outcome: Dismissed

AUG152017_03B5203

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

Our summary

CEO and founder of consumer electronics company sought NIW under Dhanasar framework. AAO found his entrepreneurial endeavor had substantial merit and he was well positioned to advance it, but insufficient evidence demonstrated national importance. Appeal dismissed because first prong unmet.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Well positioned · Petitioner demonstrated qualifications as entrepreneur and CEO with record of business growth and industry recognition

What was missing

  • Merit and national importance · Endeavor has substantial merit but lacks sufficient evidence of national importance or prospective impact

Criteria

CriterionReadingWhy
Merit and national importanceNot metEndeavor has substantial merit but lacks sufficient evidence of national importance or prospective impact
Well positionedMetPetitioner demonstrated qualifications as entrepreneur and CEO with record of business growth and industry recognition
Balance favors a waiverNot reached / not discussedFirst prong not established; balancing analysis not reached

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

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