EB-2 NIWBusiness and managementIndividualDecided May 2024Dismissed
Outcome: Dismissed
MAY062024_06B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Brazilian lawyer and operations manager sought NIW to operate business providing immigration consultancy and assistance to Latino entrepreneurs. AAO affirmed denial, finding endeavor lacks national importance and petitioner lacks business preparation beyond a plan, despite relevant legal background.
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 failed to demonstrate that business offering immigration consultancy and Latino business assistance has national importance or broader regional impact.
- Well positioned · Although lawyer with Brazilian credentials, insufficient evidence of preparations for business venture beyond business plan; no corroborating evidence of actual client interest or contracts.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner failed to demonstrate that business offering immigration consultancy and Latino business assistance has national importance or broader regional impact. |
 Well positioned | Not met | Although lawyer with Brazilian credentials, insufficient evidence of preparations for business venture beyond business plan; no corroborating evidence of actual client interest or contracts. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first and second prongs failed; third prong analysis unnecessary. |
A published decision describes one case. It is not legal advice and not a prediction for yours.