EB-2 NIWBusiness and managementIndividualDecided December 2023Dismissed
Outcome: Dismissed
DEC042023_11B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
A business development professional and entrepreneur with pharmaceutical industry experience sought an EB-2 national interest waiver to open a chain of compounding pharmacies. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because its benefits would not extend beyond her direct clientele to broadly impact the field, even though she is well-positioned to advance it.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Well positioned · Petitioner's 17 years of pharmaceutical industry and entrepreneurial experience demonstrates capacity to advance proposed endeavor.
What was missing
- Merit and national importance · Proposed endeavor of opening compounding pharmacy chain lacks demonstrated national importance; impact limited to petitioner's clientele and does not extend broadly to field.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor of opening compounding pharmacy chain lacks demonstrated national importance; impact limited to petitioner's clientele and does not extend broadly to field. |
 Well positioned | Met | Petitioner's 17 years of pharmaceutical industry and entrepreneurial experience demonstrates capacity to advance proposed endeavor. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed to establish first prong; third prong reserved as unnecessary to decision. |
A published decision describes one case. It is not legal advice and not a prediction for yours.