EB-2 NIWEntrepreneurshipIndividualDecided November 2023Dismissed
Outcome: Dismissed
NOV032023_03B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Technology entrepreneur sought EB-2 classification as individual of exceptional ability and NIW. Did not satisfy three required evidentiary criteria; failed to demonstrate ten years full-time experience, relevant license or certification, or comparable evidence. AAO dismissed appeal; NIW Dhanasar prongs reserved because petitioner ineligible for underlying EB-2 classification.
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 | Not reached because petitioner failed to establish EB-2 exceptional ability classification; NIW analysis reserved |
 Well positioned | Not reached / not discussed | Not reached because petitioner failed to establish EB-2 exceptional ability classification; NIW analysis reserved |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed to establish EB-2 exceptional ability classification; NIW analysis reserved |
A published decision describes one case. It is not legal advice and not a prediction for yours.