EB-2 NIWEntrepreneurshipIndividualDecided September 2023Dismissed
Outcome: Dismissed
SEP182023_05B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Food service manager and entrepreneur sought EB-2 NIW to establish bakery in Florida featuring Brazilian cuisine. Claimed substantial merit and national importance. AAO found industry important but proposed endeavor lacked national importance: independent bakery lacks prospective impact beyond customers; insufficient evidence of economic effects.
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 · While food service industry is important, proposed bakery lacks national importance; no evidence of broad impact beyond customers; projected employment and economic effects insufficient.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | While food service industry is important, proposed bakery lacks national importance; no evidence of broad impact beyond customers; projected employment and economic effects insufficient. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; petitioner's experience relates to second prong, not first. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed. |
A published decision describes one case. It is not legal advice and not a prediction for yours.