EB-2 NIWEntrepreneurshipIndividualDecided November 2023Dismissed
Outcome: Dismissed
NOV142023_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Mining entrepreneur with 30 years experience sought NIW claiming self-employment in mining and entrepreneurship. AAO dismissed because petitioner lacked five years of progressive post-baccalaureate experience qualifying him for EB-2 advanced degree, and failed to demonstrate national importance of his proposed mining venture.
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 proposed mining business lacked demonstrated regional or national impact; submitted industry articles but failed to connect them to his specific endeavor.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner's proposed mining business lacked demonstrated regional or national impact; submitted industry articles but failed to connect them to his specific endeavor. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed and underlying EB-2 advanced degree requirement not met; decision reserved this issue. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed and underlying EB-2 advanced degree requirement not met; decision reserved this issue. |
A published decision describes one case. It is not legal advice and not a prediction for yours.