EB-2 NIWEntrepreneurshipIndividualDecided September 2023Dismissed
Outcome: Dismissed
SEP072023_02B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneur seeking EB-2 as individual of exceptional ability with NIW for marketing consulting and e-commerce business. AAO held only two of six exceptional ability criteria met; petitioner failed to demonstrate at least three required criteria. Underlying EB-2 eligibility not established; appeal dismissed.
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
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Underlying EB-2 eligibility not established; NIW analysis not reached |
 Well positioned | Not reached / not discussed | Underlying EB-2 eligibility not established; NIW analysis not reached |
 Balance favors a waiver | Not reached / not discussed | Underlying EB-2 eligibility not established; NIW analysis not reached |
A published decision describes one case. It is not legal advice and not a prediction for yours.