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EB-2 NIWEntrepreneurshipIndividualDecided March 2023Dismissed

Outcome: Dismissed

MAR212023_01B5203

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

Our summary

Entrepreneur with bakery industry experience seeks NIW for EB-2 advanced degree classification. Proposed continuing entrepreneurship and consulting in baking and pastry equipment or real estate brokerage. AAO dismissed appeal, finding proposed endeavor lacks national importance; evidence showed petitioner's skills and past effectiveness but no documentation of prospective broader impact or significant job creation potential.

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 · Director found substantial merit but not national importance of proposed entrepreneurship in baking or real estate; no evidence of prospective impact beyond individual employers or broader industry effect

Criteria

CriterionReadingWhy
Merit and national importanceNot metDirector found substantial merit but not national importance of proposed entrepreneurship in baking or real estate; no evidence of prospective impact beyond individual employers or broader industry effect
Well positionedNot reached / not discussedNot reached because first prong failure dispositive of appeal
Balance favors a waiverNot reached / not discussedNot reached because first prong failure dispositive of appeal

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

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