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EB-2 NIWEntrepreneurshipIndividualDecided September 2022Dismissed

Outcome: Dismissed

SEP132022_03B5203

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

Our summary

Individual initially claimed entrepreneur status via luxury car service; later asserted agriculture field. AAO found occupational field description inconsistent and insufficient; could not determine exceptional ability level. Failed to meet EB-2 threshold; NIW analysis declined as issue dispositive.

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; exceptional ability failure dispositive; NIW analysis reserved.
Well positionedNot reached / not discussedNot reached; exceptional ability failure dispositive; NIW analysis reserved.
Balance favors a waiverNot reached / not discussedNot reached; exceptional ability failure dispositive; NIW analysis reserved.

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

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