EB-2 NIWEntrepreneurshipIndividualDecided May 2024Dismissed
Outcome: Dismissed
MAY282024_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneur in restaurant industry seeking NIW based on exceptional ability. Claimed national importance through industry's economic significance and job creation. AAO held endeavor lacks national importance because industry importance is insufficient, no improved operational methods shown, and impact limited to organization and customers without broader industry or economy influence.
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 · Restaurant entrepreneur's proposed endeavor lacks national importance; importance of industry irrelevant; no evidence of improved methods, manufacturing advances, or substantial positive economic effects commensurate with national importance.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Restaurant entrepreneur's proposed endeavor lacks national importance; importance of industry irrelevant; no evidence of improved methods, manufacturing advances, or substantial positive economic effects commensurate with national importance. |
 Well positioned | Not reached / not discussed | Decision reserves second prong determination as first prong fails; not reached. |
 Balance favors a waiver | Not reached / not discussed | Decision reserves third prong determination as first prong fails; not reached. |
A published decision describes one case. It is not legal advice and not a prediction for yours.