Outcome: Dismissed
SEP222025_06B5203
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
| Criterion | Reading | Why |
|---|---|---|
| Not met | Smart parking business has substantial merit but lacks national importance; local benefits insufficient; unreliable business plan projections; no broader industry advancement. | |
| Met | Petitioner's professional background and past success in Brazil demonstrate capability to implement similar standards in U.S. market. | |
| Not reached / not discussed | First 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.
