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EB-2 NIWEntrepreneurshipIndividualDecided May 2024Dismissed

Outcome: Dismissed

MAY282024_11B5203

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

Our summary

A general and operations manager seeking EB-2 with national interest waiver to operate an HVAC company. AAO dismissed appeal because petitioner failed to establish that the specific endeavor had national importance despite demonstrating substantial merit; claims about general industry need and economic benefits were unsupported by probative evidence.

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 · Failed to demonstrate national importance of HVAC company operations; lacked documentation of broader field impact or economic significance

Criteria

CriterionReadingWhy
Merit and national importanceNot metFailed to demonstrate national importance of HVAC company operations; lacked documentation of broader field impact or economic significance
Well positionedNot reached / not discussedDirector found this met; AAO did not reach after finding first prong failed
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; agency declines purely advisory findings

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

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