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EB-2 NIWEntrepreneurshipIndividualDecided October 2023Dismissed

Outcome: Dismissed

OCT102023_01B5203

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

Our summary

Entrepreneur in bakery industry seeking NIW for EB-2 claimed exceptional ability and proposed endeavor has national importance. AAO held petitioner failed to meet any of six exceptional ability criteria, so NIW prongs were not reached and decision reserved.

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

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedNot reached because petitioner failed to establish exceptional ability, which is categorical prerequisite for NIW eligibility.
Well positionedNot reached / not discussedNot reached because petitioner failed to establish exceptional ability; decision reserved this issue.
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed to establish exceptional ability; decision reserved this issue.

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

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