EB-2 NIWEntrepreneurshipIndividualDecided August 2026Dismissed
Outcome: Dismissed
AUG172026_02B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A food and wine entrepreneur planning to open a restaurant sought EB-2 classification as an individual of exceptional ability, with a national interest waiver. The AAO dismissed the appeal, concluding that only one of the five claimed criteria was met rather than the required three, and reserved the waiver issue.
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
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Reserved because the petitioner did not meet the underlying EB-2 exceptional ability requirement. |
 Well positioned | Not reached / not discussed | Reserved because the underlying EB-2 classification was not established. |
 Balance favors a waiver | Not reached / not discussed | Reserved because the underlying EB-2 classification was not established. |
A published decision describes one case. It is not legal advice and not a prediction for yours.