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EB-2 NIWEntrepreneurshipIndividualDecided June 2024Dismissed

Outcome: Dismissed

JUN202024_02B5203

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

Our summary

A truck driver and shipping executive sought EB-2 national interest waiver for a Florida freight shipping company. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite industry driver shortages, as petitioner submitted only industry-wide evidence without demonstrating his specific business's national impact.

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 · Florida-based freight shipping company lacks evidence of national importance; industry shortage does not establish national impact of petitioner's specific services.

Criteria

CriterionReadingWhy
Merit and national importanceNot metFlorida-based freight shipping company lacks evidence of national importance; industry shortage does not establish national impact of petitioner's specific services.
Well positionedNot reached / not discussedNot reached because first prong failed; further analysis would serve no meaningful purpose.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; further analysis would serve no meaningful purpose.

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

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