EB-2 NIWAgriculture and foodIndividualDecided 2024Dismissed
Outcome: Dismissed
MAR212024_03B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneur with hotel and restaurant management degree sought EB-2 national interest waiver for ice cream business venture. AAO dismissed appeal because petitioner lacked five years of progressive post-baccalaureate experience in the specialty; ineligible for underlying EB-2 classification, thus Dhanasar framework 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
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Not reached; petitioner failed threshold requirement of EB-2 eligibility as advanced degree professional. |
 Well positioned | Not reached / not discussed | Not reached; petitioner failed threshold requirement of EB-2 eligibility as advanced degree professional. |
 Balance favors a waiver | Not reached / not discussed | Not reached; petitioner failed threshold requirement of EB-2 eligibility as advanced degree professional. |
A published decision describes one case. It is not legal advice and not a prediction for yours.