EB-2 NIWBusiness and managementEmployerDecided November 2023Dismissed
Outcome: Dismissed
NOV202023_03B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneurial marketing director lacks advanced degree and fails EB-2 exceptional ability criteria. Also ineligible for NIW because petitioner changed proposed endeavor articulation, creating ambiguity; AAO could not apply Dhanasar framework to dueling proposed endeavors.
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 could not consistently articulate the nature of the proposed endeavor; ambiguity prevents analysis
- Well positioned · Lack of well-defined proposed endeavor prevents determination that petitioner is well positioned to advance it
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner could not consistently articulate the nature of the proposed endeavor; ambiguity prevents analysis |
 Well positioned | Not met | Lack of well-defined proposed endeavor prevents determination that petitioner is well positioned to advance it |
 Balance favors a waiver | Not reached / not discussed | Not reached; first and second prongs not met |
A published decision describes one case. It is not legal advice and not a prediction for yours.