EB-2 NIWEntrepreneurshipIndividualDecided January 2024Dismissed
Outcome: Dismissed
JAN112024_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An entrepreneur sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, affirming the director's finding that the petitioner failed to establish the proposed endeavor's substantial merit and national importance under Dhanasar's first prong.
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 asserted but provided insufficient evidence that proposed endeavor would achieve national importance; assertions without substantiation do not meet burden.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner asserted but provided insufficient evidence that proposed endeavor would achieve national importance; assertions without substantiation do not meet burden. |
 Well positioned | Not reached / not discussed | First prong failed; remaining Dhanasar prongs not reached. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; remaining Dhanasar prongs not reached. |
A published decision describes one case. It is not legal advice and not a prediction for yours.