EB-2 NIWEntrepreneurshipIndividualDecided 2023Dismissed
Outcome: Dismissed
MAY112023_05B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An entrepreneur sought EB-2 exceptional ability or advanced degree classification with a national interest waiver. The Director denied him because he lacked an advanced degree, and the Dhanasar framework was not satisfied. The AAO dismissed because the petitioner did not dispute the Director's findings and the appeal waived all three prongs; the AAO declined to reach exceptional ability arguments.
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 concluded petitioner did not satisfy any of three Dhanasar prongs; appeal did not contest this determination.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Director concluded petitioner did not satisfy any of three Dhanasar prongs; appeal did not contest this determination. |
 Well positioned | Not reached / not discussed | First prong failed; AAO reserved this issue and did not analyze it. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; AAO reserved this issue and did not analyze it. |
A published decision describes one case. It is not legal advice and not a prediction for yours.