EB-2 NIWEntrepreneurshipIndividualDecided January 2024Dismissed
Outcome: Dismissed
JAN182024_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot met
Our summary
Food industry entrepreneur lacks advanced degree and fails EB-2 exceptional ability criteria (zero of six). On NIW, record establishes substantial merit but lacks national importance; balancing test also fails due to insufficient evidence of job creation, urgency, and labor certification impracticality.
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 · Record does not demonstrate national importance; petitioner provides advice to property management firms without broader industry impact
- Balance favors a waiver · No evidence of labor certification impracticality, national benefit, urgency, job creation capacity, or absence of adverse worker effects
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Record does not demonstrate national importance; petitioner provides advice to property management firms without broader industry impact |
 Well positioned | Not reached / not discussed | Not reached; first prong failure is dispositive |
 Balance favors a waiver | Not met | No evidence of labor certification impracticality, national benefit, urgency, job creation capacity, or absence of adverse worker effects |
A published decision describes one case. It is not legal advice and not a prediction for yours.