EB-2 NIWEntrepreneurshipIndividualDecided March 2024Dismissed
Outcome: Dismissed
MAR182024_04B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An entrepreneur proposing affordable transportation solutions sought EB-2 with national interest waiver. The AAO dismissed the appeal because the petitioner inconsistently described the proposed endeavor between the initial petition and RFE response, preventing meaningful Dhanasar analysis.
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 · Petitioner materially changed proposed endeavor between petition and RFE response, creating ambiguity that prevented analysis under Dhanasar framework.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner materially changed proposed endeavor between petition and RFE response, creating ambiguity that prevented analysis under Dhanasar framework. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed. |
A published decision describes one case. It is not legal advice and not a prediction for yours.