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EB-2 NIWEntrepreneurshipIndividualDecided May 2022Dismissed

Outcome: Dismissed

MAY172022_01B5203

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

Our summary

An entrepreneur seeking EB-2 NIW classification failed to establish advanced degree status and exceptional ability. The AAO found his proposed endeavor in food service entrepreneurship and business advisory services lacked national importance. The specific work would not impact the field or restaurant industry broadly and showed no significant potential for U.S. job creation.

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 food service and business advisory work lacks national importance; impact limited to petitioner's companies and clientele, not broader field.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed food service and business advisory work lacks national importance; impact limited to petitioner's companies and clientele, not broader field.
Well positionedNot reached / not discussedFirst prong failed; no meaningful purpose to analyze second prong.
Balance favors a waiverNot reached / not discussedFirst prong failed; no meaningful purpose to analyze third prong.

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

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