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EB-2 NIWEntrepreneurshipIndividualDecided May 2024Dismissed

Outcome: Dismissed

MAY082024_01B5203

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

Our summary

Entrepreneur self-petitioned for EB-2 NIW to establish PPE import-export business reducing reliance on China. AAO affirmed denial, finding endeavor has substantial merit but petitioner conflated importance of international trade and PPE industries with specific business endeavor's prospective impact.

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 · Proposed PPE import-export business has substantial merit but lacks national importance; importance of industry, not specific endeavor, was demonstrated.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed PPE import-export business has substantial merit but lacks national importance; importance of industry, not specific endeavor, was demonstrated.
Well positionedNot reached / not discussedNot reached because first prong failed; decision reserves EB-2 eligibility and second and third prongs.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; decision reserves EB-2 eligibility and second and third prongs.

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

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