EB-2 NIWEntrepreneurshipIndividualDecided January 2024Dismissed
Outcome: Dismissed
JAN232024_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A food service entrepreneur from Brazil sought NIW classification to establish a business in the United States. The AAO dismissed the appeal, finding the proposed endeavor lacked evidence of national importance required under Dhanasar, as it showed no significant potential to employ U.S. workers or generate substantial economic effects beyond the petitioner's prospective clientele.
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 · Proposed food service business lacks evidence of national or global implications; limited to prospective clientele without broad industry impact.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed food service business lacks evidence of national or global implications; limited to prospective clientele without broad industry impact. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; decision reserved judgment on second and third prongs. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; decision reserved judgment on second and third prongs. |
A published decision describes one case. It is not legal advice and not a prediction for yours.