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EB-2 NIWBusiness and managementIndividualDecided 2023Dismissed

Outcome: Dismissed

JUL112023_01B5203

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

Our summary

Entrepreneur importing and distributing textiles sought EB-2 classification with national interest waiver. AAO affirmed denial because proposed endeavor lacked national importance under Dhanasar framework; endeavor was too general and offered no evidence of broader field impact or substantial economic benefits.

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 endeavor lacks national importance; no evidence of significant potential to employ U.S. workers or substantial positive economic effects.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor lacks national importance; no evidence of significant potential to employ U.S. workers or substantial positive economic effects.
Well positionedNot reached / not discussedNot reached because first prong failed; decision reserves opinion on remaining prongs.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; decision reserves opinion on remaining prongs.

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

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