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EB-2 NIWEntrepreneurshipIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP132023_01B5203

Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed

Our summary

Sales executive and entrepreneur sought EB-2 with national interest waiver for medical supply consulting business. AAO affirmed denial, finding petitioner not well-positioned to advance endeavor despite meeting first prong. Insufficient evidence of success in U.S. market or customer interest.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Merit and national importance · Director found substantial merit and national importance established

What was missing

  • Well positioned · No track record in U.S. medical devices industry; weak recommendation letters; contract post-filing

Criteria

CriterionReadingWhy
Merit and national importanceMetDirector found substantial merit and national importance established
Well positionedNot metNo track record in U.S. medical devices industry; weak recommendation letters; contract post-filing
Balance favors a waiverNot reached / not discussedNot reached because second prong failed

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

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