EB-2 NIWBusiness and managementIndividualDecided June 2023Dismissed
Outcome: Dismissed
JUN122023_05B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneur sought NIW for EB-2 classification in business. AAO dismissed appeal because petitioner did not qualify for underlying EB-2 (lacked five years post-degree experience and did not meet three exceptional ability criteria) and proposed business endeavor lacked national importance beyond generating local employment and revenue.
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 business lacks broader implications beyond company; expected job creation and revenue insufficient for national importance
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed business lacks broader implications beyond company; expected job creation and revenue insufficient for national importance |
 Well positioned | Not reached / not discussed | First prong failed; second prong not analyzed |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third prong analysis reserved |
A published decision describes one case. It is not legal advice and not a prediction for yours.