EB-2 NIWEntrepreneurshipIndividualDecided January 2024Dismissed
Outcome: Dismissed
JAN302024_06B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A real estate developer and entrepreneur sought EB-2 exceptional ability classification with national interest waiver for affordable housing development work. The AAO found the petitioner met none of the required six evidentiary criteria, including withdrawing the Director's findings on work experience, salary, and professional association membership. The appeal was 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 did not meet any of six evidentiary criteria for EB-2 exceptional ability; therefore ineligible for NIW.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner did not meet any of six evidentiary criteria for EB-2 exceptional ability; therefore ineligible for NIW. |
 Well positioned | Not reached / not discussed | Petitioner failed EB-2 qualification; Dhanasar prongs two and three reserved per Bagamasbad. |
 Balance favors a waiver | Not reached / not discussed | Petitioner failed EB-2 qualification; Dhanasar prongs two and three reserved per Bagamasbad. |
A published decision describes one case. It is not legal advice and not a prediction for yours.