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EB-2 NIWBusiness and managementIndividualDecided December 2024Dismissed

Outcome: Dismissed

DEC042024_05B5203

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

Our summary

Entrepreneur seeking EB-2 with national interest waiver to develop a business venture. Petitioner claimed substantial merit and national importance based on business plan, support letters, and documentary evidence. AAO dismissed because the proposed endeavor lacks national importance beyond the immediate employer and customers; descriptions conflicted with Form I-140.

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 endeavor lacks national importance; record shows only general knowledge contribution without broader impact.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor lacks national importance; record shows only general knowledge contribution without broader impact.
Well positionedNot reached / not discussedNot reached because first prong failed; AAO reserved opinion on second prong.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; AAO made no advisory finding on third prong.

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

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