EB-2 NIWEntrepreneurshipIndividualDecided March 2023Dismissed
Outcome: Dismissed
MAR152023_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An entrepreneur owning pizza restaurant chains sought EB-2 classification with national interest waiver. AAO dismissed the appeal, affirming the director's denial; though the endeavor had substantial merit and job creation potential, it failed to demonstrate national importance as required under Dhanasar framework.
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 pizza restaurant chain expansion lacked substantial positive economic effects; job creation projections insufficient to demonstrate national importance under Dhanasar
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed pizza restaurant chain expansion lacked substantial positive economic effects; job creation projections insufficient to demonstrate national importance under Dhanasar |
 Well positioned | Not reached / not discussed | First prong failed; remaining prongs not reached as unnecessary |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third prong not reached as unnecessary |
A published decision describes one case. It is not legal advice and not a prediction for yours.