EB-2 NIWBusiness and managementIndividualDecided September 2023Dismissed
Outcome: Dismissed
SEP072023_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A chief executive officer sought national interest waiver to open and franchise Japanese-Brazilian restaurants. AAO dismissed after finding petitioner failed to establish national importance of the specific endeavor. Evidence addressed restaurant industry generally but not how the particular business would broadly impact national economy or field.
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 · Proposed restaurant franchise lacks national importance; limited to specific business rather than broader field impact.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed restaurant franchise lacks national importance; limited to specific business rather than broader field impact. |
 Well positioned | Not reached / not discussed | First prong failed; second prong not analyzed under Dhanasar framework. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third prong not analyzed under Dhanasar framework. |
A published decision describes one case. It is not legal advice and not a prediction for yours.