EB-2 NIWEntrepreneurshipIndividualDecided September 2022Dismissed
Outcome: Dismissed
SEP152022_01B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneur claiming exceptional ability and national interest waiver presented inconsistent evidence about occupational field and job duties. AAO held petitioner failed to establish consistent occupational definition, met only one of six exceptional ability criteria, and thus lacked EB-2 eligibility, making waiver analysis unnecessary.
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 | Not reached because petitioner failed to establish EB-2 exceptional ability eligibility |
 Well positioned | Not reached / not discussed | Not reached because petitioner failed to establish EB-2 exceptional ability eligibility |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed to establish EB-2 exceptional ability eligibility |
A published decision describes one case. It is not legal advice and not a prediction for yours.