EB-2 NIWBusiness and managementIndividualDecided October 2023Dismissed
Outcome: Dismissed
OCT032023_01B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot met
Our summary
A business individual sought NIW for EB-2 exceptional ability classification. Petitioner claimed business endeavor would benefit the United States. The AAO dismissed based on derogatory evidence that an affiliated entity supplied spyware to hostile governments, and Entity List designation imposing export control constraints, undermining all three Dhanasar prongs.
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 · Derogatory evidence of affiliated entity supplying spyware to foreign governments undermines claims of national importance and exceptional ability.
- Well positioned · Entity List designation and EAR licensure requirements undermine petitioner's capacity to advance proposed endeavor prospectively.
- Balance favors a waiver · Derogatory information and compliance constraints weigh against discretionary waiver favorable to United States.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Derogatory evidence of affiliated entity supplying spyware to foreign governments undermines claims of national importance and exceptional ability. |
 Well positioned | Not met | Entity List designation and EAR licensure requirements undermine petitioner's capacity to advance proposed endeavor prospectively. |
 Balance favors a waiver | Not met | Derogatory information and compliance constraints weigh against discretionary waiver favorable to United States. |
A published decision describes one case. It is not legal advice and not a prediction for yours.