EB-2 NIWBusiness and managementIndividualDecided November 2023Dismissed
Outcome: Dismissed
NOV152023_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A chef seeking NIW claimed his proposed endeavor to teach and consult with restaurants on operations had substantial merit and national importance, citing food safety and industry shortage articles. AAO found the endeavor had substantial merit but rejected national importance: the proposal was too vague and broad across multiple industries without specific prospective impact, and did not extend beyond his prospective clients to influence the field nationally.
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 lacked national importance; too narrow and locally focused to barbecue restaurant operations, not impacting field broadly.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacked national importance; too narrow and locally focused to barbecue restaurant operations, not impacting field broadly. |
 Well positioned | Not reached / not discussed | First prong failed; second and third prongs not reached per Bagamasbad doctrine. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; second and third prongs not reached per Bagamasbad doctrine. |
A published decision describes one case. It is not legal advice and not a prediction for yours.