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EB-2 NIWEntrepreneurshipIndividualDecided July 2024Dismissed

Outcome: Dismissed

JUL252024_01B5203

Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot met

Our summary

A logistics entrepreneur appealed dismissal of motions to reopen and reconsider a denied national interest waiver petition. The AAO affirmed dismissal, finding the change in intended operations reflected ineligibility, and evidence did not establish national importance, adequate positioning, or balanced benefit to the U.S.

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 · Material change in intended area of operations reflects ineligibility under first prong; business plan lacks evidence of national importance.
  • Well positioned · Letters did not establish how prior business development experience relates to proposed logistics company ownership.
  • Balance favors a waiver · Endeavor provides limited benefits; insufficient job creation and primarily benefits petitioner and customers rather than U.S.

Criteria

CriterionReadingWhy
Merit and national importanceNot metMaterial change in intended area of operations reflects ineligibility under first prong; business plan lacks evidence of national importance.
Well positionedNot metLetters did not establish how prior business development experience relates to proposed logistics company ownership.
Balance favors a waiverNot metEndeavor provides limited benefits; insufficient job creation and primarily benefits petitioner and customers rather than U.S.

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

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