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EB-2 NIWEntrepreneurshipIndividualDecided June 2024Dismissed

Outcome: Dismissed

JUN072024_01B5203

Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed

Our summary

CEO and entrepreneur in transportation security with law degree seeks EB-2 NIW. Claimed advanced degree eligibility (met) and national interest waiver under Dhanasar. AAO dismissed because petitioner failed to show he was well-positioned to advance the proposed endeavor, lacking evidence of prior entrepreneurial success or customer and investor interest.

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

  • Merit and national importance · Director found substantial merit; AAO did not disturb this finding on first prong

What was missing

  • Well positioned · Insufficient evidence of entrepreneurial track record, company operations, or concrete implementation steps

Criteria

CriterionReadingWhy
Merit and national importanceMetDirector found substantial merit; AAO did not disturb this finding on first prong
Well positionedNot metInsufficient evidence of entrepreneurial track record, company operations, or concrete implementation steps
Balance favors a waiverNot reached / not discussedNot reached due to failure of second prong

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

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