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EB-2 NIWBusiness and managementIndividualDecided September 2021Dismissed

Outcome: Dismissed

SEP022021_02B5203

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

Our summary

A manager proposed opening a restaurant in Florida. The AAO dismissed the appeal because the petitioner failed to demonstrate that the specific restaurant venture had national importance or substantial positive economic effects beyond local impact under Dhanasar's first prong.

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 · Opening restaurant in Florida has no broader implications beyond local business; modest projected profits insufficient for national importance.

Criteria

CriterionReadingWhy
Merit and national importanceNot metOpening restaurant in Florida has no broader implications beyond local business; modest projected profits insufficient for national importance.
Well positionedNot reached / not discussedFirst prong failed; second prong not analyzed.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not analyzed.

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

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