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EB-2 NIWEntrepreneurshipIndividualDecided June 2021Dismissed

Outcome: Dismissed

JUN072021_04B5203

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

Our summary

Business owner entrepreneur seeking national interest waiver to waive job offer requirement for EB-2 classification. Claimed endeavor in business administration had substantial merit and petitioner was well positioned to advance it, but proposed work lacked evidence of national importance, particularly regarding U.S. worker employment potential. Appeal dismissed.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Well positioned · Director found petitioner well positioned to advance the proposed endeavor

What was missing

  • Merit and national importance · Proposed business endeavor lacked evidence of significant potential to employ U.S. workers or substantial economic effects

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed business endeavor lacked evidence of significant potential to employ U.S. workers or substantial economic effects
Well positionedMetDirector found petitioner well positioned to advance the proposed endeavor
Balance favors a waiverNot reached / not discussedFirst prong failed; balancing analysis not reached

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

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