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EB-2 NIWEntrepreneurshipIndividualDecided September 2025Dismissed

Outcome: Dismissed

SEP222025_06B5203

Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed

Our summary

Entrepreneur developing smart parking facilities sought EB-2 NIW for U.S. business. AAO held the venture has substantial merit and petitioner is well-positioned to advance it, but the specific proposed endeavor lacks national importance; benefits limited to local economic activity and HUB Zone designation does not equate to economically depressed area.

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

  • Well positioned · Petitioner's professional background and past success in Brazil demonstrate capability to implement similar standards in U.S. market.

What was missing

  • Merit and national importance · Smart parking business has substantial merit but lacks national importance; local benefits insufficient; unreliable business plan projections; no broader industry advancement.

Criteria

CriterionReadingWhy
Merit and national importanceNot metSmart parking business has substantial merit but lacks national importance; local benefits insufficient; unreliable business plan projections; no broader industry advancement.
Well positionedMetPetitioner's professional background and past success in Brazil demonstrate capability to implement similar standards in U.S. market.
Balance favors a waiverNot reached / not discussedFirst prong failure on national importance dispositive; balance issue expressly reserved for future consideration.

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

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