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EB-2 NIWEntrepreneurshipIndividualDecided November 2023Dismissed

Outcome: Dismissed

NOV072023_13B5203

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

Our summary

Marketing manager and entrepreneur with advanced degree sought NIW as self-petitioner to start business creating 23 jobs. AAO dismissed appeal, finding proposed endeavor has substantial merit but lacks national importance since benefits would not extend beyond organization to broader industry or field.

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 · Proposed endeavor has substantial merit but lacks national importance; impact confined to specific organization and clients, not broader field or industry

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor has substantial merit but lacks national importance; impact confined to specific organization and clients, not broader field or industry
Well positionedNot reached / not discussedNot reached because petitioner failed first prong of Dhanasar framework on national importance element
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed first prong of Dhanasar framework

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

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