EB-2 NIWEntrepreneurshipIndividualDecided March 2023Dismissed
Outcome: Dismissed
MAR162023_03B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneur with twelve years business and technology experience seeks EB-2 NIW. Claimed business development and real estate technology solutions have national importance. AAO held proposed endeavor lacks national importance despite having substantial merit; low business revenue and absence of broader implications fail to demonstrate national benefit.
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
- Well positioned · Director determined petitioner well positioned to advance proposed endeavor after RFE response
What was missing
- Merit and national importance · Substantial merit found but national importance not established; business with low gross receipts lacks regional or national impact
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Substantial merit found but national importance not established; business with low gross receipts lacks regional or national impact |
 Well positioned | Met | Director determined petitioner well positioned to advance proposed endeavor after RFE response |
 Balance favors a waiver | Not reached / not discussed | Not reached; first prong failure regarding national importance is dispositive |
A published decision describes one case. It is not legal advice and not a prediction for yours.