EB-2 NIWEntrepreneurshipIndividualDecided February 2024Dismissed
Outcome: Dismissed
FEB122024_01B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A trucking business owner and driver with a law degree sought EB-2 exceptional ability classification together with a national interest waiver. The AAO dismissed the appeal because the petitioner did not meet enough exceptional ability criteria, so the waiver prongs were never reached.
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
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Not reached because the petitioner failed the threshold EB-2 exceptional ability classification. |
 Well positioned | Not reached / not discussed | Not reached because the underlying EB-2 classification was not established. |
 Balance favors a waiver | Not reached / not discussed | Not reached because the underlying EB-2 classification was not established. |
A published decision describes one case. It is not legal advice and not a prediction for yours.