EB-2 NIWEntrepreneurshipIndividualDecided March 2023Dismissed
Outcome: Dismissed
MAR092023_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Retail entrepreneur seeks EB-2 national interest waiver. Claimed three Dhanasar prongs but submitted only general professional plan without specific U.S. business establishment plans. AAO dismissed, finding substantial merit established but national importance not demonstrated, failing first prong. Second and third prongs not reached.
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 endeavor lacks specificity and does not demonstrate national importance.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacks specificity and does not demonstrate national importance. |
 Well positioned | Not reached / not discussed | First prong failed; second prong not reached per Dhanasar framework. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third prong not reached per Dhanasar framework. |
A published decision describes one case. It is not legal advice and not a prediction for yours.