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EB-2 NIWEntrepreneurshipIndividualDecided 2024Dismissed

Outcome: Dismissed

FEB152024_04B5203

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

Our summary

Construction management entrepreneur seeking EB-2 with national interest waiver. Petitioner lacked categorical eligibility for EB-2 and failed first Dhanasar prong by shifting proposed endeavors, preventing analysis of substantial merit and national importance. Appeal dismissed.

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 · Petitioner changed proposed endeavor midway, creating ambiguity preventing analysis of merit and national importance

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner changed proposed endeavor midway, creating ambiguity preventing analysis of merit and national importance
Well positionedNot reached / not discussedNot reached because first prong failed; decision reserved opinion on this prong
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; decision reserved opinion on this prong

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

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