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EB-2 NIWEntrepreneurshipIndividualDecided December 2023Dismissed

Outcome: Dismissed

DEC042023_10B5203

Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

A business owner in vehicle and signage graphics sought exceptional ability classification with a national interest waiver. The director found the exceptional ability criteria unmet. The AAO withdrew a favorable finding on the degree criterion, found experience and recognition criteria unmet, dismissed the appeal, and reserved the Dhanasar waiver analysis.

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

CriterionReadingWhy
Merit and national importanceNot reached / not discussedNot reached because the petitioner did not qualify for the underlying exceptional ability classification.
Well positionedNot reached / not discussedNot reached because the petitioner did not qualify for the underlying exceptional ability classification.
Balance favors a waiverNot reached / not discussedNot reached because the petitioner did not qualify for the underlying exceptional ability classification.

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

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