EB-2 NIWBusiness and managementIndividualDecided February 2024Dismissed
Outcome: Dismissed
FEB082024_02B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Self-petitioner in business management seeks national interest waiver for virtual startup incubator serving vulnerable entrepreneurs. AAO affirmed denial: proposed endeavor lacks national importance; petitioner not well positioned given company nonexistence at filing and absence of investor or customer interest.
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 virtual incubator for entrepreneurs lacks sufficient evidence of national importance beyond job creation claims unsupported by objective evidence
- Well positioned · Company did not exist at time of filing; no demonstrated progress or customer, investor, or stakeholder interest
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed virtual incubator for entrepreneurs lacks sufficient evidence of national importance beyond job creation claims unsupported by objective evidence |
 Well positioned | Not met | Company did not exist at time of filing; no demonstrated progress or customer, investor, or stakeholder interest |
 Balance favors a waiver | Not reached / not discussed | Not reached because first two prongs fail |
A published decision describes one case. It is not legal advice and not a prediction for yours.