EB-2 NIWEntrepreneurshipIndividualDecided November 2022Dismissed
Outcome: Dismissed
NOV032022_01B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A freight transportation entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The appeal was dismissed because the AAO withdrew the service center's findings on degree, license and membership criteria, since the degree was unrelated and the license and membership post-dated filing. The waiver framework was left unaddressed.
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
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Reserved; the petitioner failed to establish the underlying exceptional ability classification first. |
 Well positioned | Not reached / not discussed | Not reached because exceptional ability eligibility was not shown. |
 Balance favors a waiver | Not reached / not discussed | Not reached because exceptional ability eligibility was not shown. |
A published decision describes one case. It is not legal advice and not a prediction for yours.