EB-2 NIWBusiness and managementIndividualDecided May 2024Dismissed
Outcome: Dismissed
MAY292024_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneur with supervisory and management experience sought NIW for exceptional ability classification. AAO dismissed because petitioner failed to meet the three exceptional ability criteria and, on final merits, did not demonstrate expertise significantly above peers. National importance of proposed endeavor was also unestablished.
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 · Entrepreneur's proposed endeavor lacked national importance; evidence focused on industry importance rather than specific endeavor's national impact or economic contributions.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Entrepreneur's proposed endeavor lacked national importance; evidence focused on industry importance rather than specific endeavor's national impact or economic contributions. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; agency reserved decision on second prong. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; agency reserved decision on third prong. |
A published decision describes one case. It is not legal advice and not a prediction for yours.