EB-2 NIWBusiness and managementIndividualDecided November 2023Dismissed
Outcome: Dismissed
NOV032023_05B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneur seeking national interest waiver for EB-2 exceptional ability classification. Petitioner claimed involvement with brand and ventures. AAO withdrew Director's finding that petitioner met three criteria, concluding insufficient evidentiary basis for EB-2 eligibility; first Dhanasar prong also not met; appeal dismissed.
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 · Petitioner's ventures lack demonstrated substantial positive economic effects or national importance; projections outdated and limited evidentiary weight.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner's ventures lack demonstrated substantial positive economic effects or national importance; projections outdated and limited evidentiary weight. |
 Well positioned | Not reached / not discussed | First prong failed; second prong reserved per agency discretion. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third prong reserved per agency discretion. |
A published decision describes one case. It is not legal advice and not a prediction for yours.