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EB-2 NIWEntrepreneurshipIndividualDecided February 2024Dismissed

Outcome: Dismissed

FEB162024_01B5203

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

Our summary

Brazilian entrepreneur with retail management background sought NIW as EB-2 exceptional ability applicant. AAO dismissed appeal because petitioner failed to meet three of six required exceptional ability criteria and materially changed proposed endeavor between filing and RFE response.

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

CriterionReadingWhy
Merit and national importanceNot reached / not discussedUnderlying EB-2 exceptional ability not established; NIW analysis reserved.
Well positionedNot reached / not discussedUnderlying EB-2 exceptional ability not established; NIW analysis reserved.
Balance favors a waiverNot reached / not discussedUnderlying EB-2 exceptional ability not established; NIW analysis reserved.

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

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