EB-2 NIWEntrepreneurshipIndividualDecided December 2022Dismissed
Outcome: Dismissed
DEC082022_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An entrepreneur seeking EB-2 classification with national interest waiver for a trucking business failed the first Dhanasar prong. The AAO found the proposed endeavor lacked demonstrated national importance despite industry relevance, as the petitioner showed no evidence the business would impact the broader freight transportation industry beyond his company's operations.
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 trucking business lacked evidence of national importance; no showing of impact beyond company operations or industry-wide implications
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed trucking business lacked evidence of national importance; no showing of impact beyond company operations or industry-wide implications |
 Well positioned | Not reached / not discussed | Not reached because first prong failed |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed |
A published decision describes one case. It is not legal advice and not a prediction for yours.