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EB-2 NIWEntrepreneurshipIndividualDecided 2021Dismissed

Outcome: Dismissed

JUL122021_02B5203

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

Our summary

Real estate and construction entrepreneur seeking EB-2 with national interest waiver. Petitioner qualified for EB-2 as advanced degree professional but failed NIW first prong: proposed entrepreneurial services in real estate lacked demonstrated national importance; assertions about economically depressed areas and job creation unsupported by credible business plan.

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 real estate and construction endeavor lacked demonstrated national importance; no credible business plan or evidence of broad industry impact.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed real estate and construction endeavor lacked demonstrated national importance; no credible business plan or evidence of broad industry impact.
Well positionedNot reached / not discussedNot reached because Petitioner failed first prong; further analysis unnecessary where first prong dispositive.
Balance favors a waiverNot reached / not discussedNot reached because Petitioner failed first prong; second and third prongs analysis serves no meaningful purpose.

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

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