EB-2 NIWEntrepreneurshipIndividualDecided July 2024Dismissed
Outcome: Dismissed
JUL242024_07B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An advanced-degree entrepreneur-investor seeking EB-2 NIW to establish a U.S. business claimed to create 53 jobs and generate $5.17 million in wages. The AAO dismissed the appeal, finding recommendation letters and industry articles do not establish national importance of the specific proposed endeavor; broader field importance differs from prospective impact of the petitioner's business.
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 · Entrepreneur seeking to establish supply chain and injection needle manufacturing business failed to demonstrate national importance despite claimed substantial economic effects and job creation
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Entrepreneur seeking to establish supply chain and injection needle manufacturing business failed to demonstrate national importance despite claimed substantial economic effects and job creation |
 Well positioned | Not reached / not discussed | First prong failure makes second prong analysis unnecessary; decision reserves this issue |
 Balance favors a waiver | Not reached / not discussed | First prong failure makes third prong analysis unnecessary; decision reserves this issue |
A published decision describes one case. It is not legal advice and not a prediction for yours.