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EB-2 NIWBusiness and managementIndividualDecided August 2023Dismissed

Outcome: Dismissed

AUG152023_05B5203

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

Our summary

Tour guide and entrepreneur sought NIW under EB-2 for tourism business venture in Arizona. Petitioner claimed job creation and economic benefits would demonstrate national importance. AAO held the specific endeavor lacks national importance; general industry growth statistics insufficient; petitioner not well positioned as entrepreneur; balancing prong not reached.

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 tour guide and travel business endeavor lacks national importance; general industry statistics and business plan claims insufficient; no concrete evidence of substantial employment or economic impact.
  • Well positioned · While petitioner has tourism industry experience, record does not demonstrate he is well positioned to advance as entrepreneur despite tourism credentials.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed tour guide and travel business endeavor lacks national importance; general industry statistics and business plan claims insufficient; no concrete evidence of substantial employment or economic impact.
Well positionedNot metWhile petitioner has tourism industry experience, record does not demonstrate he is well positioned to advance as entrepreneur despite tourism credentials.
Balance favors a waiverNot reached / not discussedNot reached because first and second prongs failed; decision declines to reach balancing factors on third prong.

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

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