EB-2 NIWEntrepreneurshipIndividualDecided 2020Dismissed
Outcome: Dismissed
AUG262020_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneur sought NIW waiver for EB-2 advanced degree in fast food restaurant business. Petitioner demonstrated advanced degree and substantial merit of business plan with growth potential and job creation claims. AAO found business lacks documented significant potential to employ U.S. workers or substantial positive economic effects necessary for national importance determination.
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 fast food restaurant entrepreneurship has substantial merit but lacks national importance; work does not extend beyond specific business to impact broader economy
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed fast food restaurant entrepreneurship has substantial merit but lacks national importance; work does not extend beyond specific business to impact broader economy |
 Well positioned | Not reached / not discussed | First prong failed; further analysis not reached under Dhanasar framework |
 Balance favors a waiver | Not reached / not discussed | First prong failed; further analysis not reached under Dhanasar framework |
A published decision describes one case. It is not legal advice and not a prediction for yours.