EB-2 NIWEntrepreneurshipIndividualDecided August 2024Dismissed
Outcome: Dismissed
AUG302024_01B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A truck driver seeking EB-2 with NIW to operate an independent cargo trucking and storage business. Claimed the endeavor had substantial merit and national importance and that he was well positioned to advance it. AAO dismissed, finding the first prong lacked adequate evidentiary support and the second prong was not established.
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 · Director's conclusion of national importance was unsupported by reasoned analysis; letters and articles did not establish how proposed trucking business meets criterion.
- Well positioned · Petitioner failed to establish he was well positioned to advance proposed endeavor despite relevant background.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Director's conclusion of national importance was unsupported by reasoned analysis; letters and articles did not establish how proposed trucking business meets criterion. |
 Well positioned | Not met | Petitioner failed to establish he was well positioned to advance proposed endeavor despite relevant background. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed first and second prongs. |
A published decision describes one case. It is not legal advice and not a prediction for yours.