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EB-2 NIWBusiness and managementIndividualDecided December 2022Dismissed

Outcome: Dismissed

DEC212022_02B5203

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

Our summary

Self-petitioner, business administrator with Ph.D. and master's in human resources, sought NIW for planned online retail store. Petitioner failed first Dhanasar prong: proposed endeavor lacked national importance, merely affecting personal business and customers. Also failed underlying EB-2 classification: operating online store does not qualify as profession.

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 online store lacks demonstrated national importance; endeavor would only impact petitioner and customers, not field broadly.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed online store lacks demonstrated national importance; endeavor would only impact petitioner and customers, not field broadly.
Well positionedNot reached / not discussedNot reached because first prong failed; petitioner's lack of relevant business experience would have been significant factor.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed.

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

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