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EB-2 NIWEntrepreneurshipIndividualDecided May 2024Dismissed

Outcome: Dismissed

MAY132024_03B5203

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

Our summary

Entrepreneur with advanced degree sought NIW to work as general operations manager in real estate. AAO found petitioner failed to establish the proposed endeavor has national importance and made conflicting statements about its focus. Appeal dismissed as petitioner did not adequately contest Director's adverse finding on first prong.

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 establish proposed real estate endeavor has national importance; insufficiently contested Director's findings

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner failed to establish proposed real estate endeavor has national importance; insufficiently contested Director's findings
Well positionedNot reached / not discussedNot reached; first prong failure is dispositive; petitioner ineligible for NIW
Balance favors a waiverNot reached / not discussedNot reached; first prong failure is dispositive; petitioner ineligible for NIW

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

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