EB-2 NIWEntrepreneurshipIndividualDecided September 2023Dismissed
Outcome: Dismissed
SEP262023_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Culinary entrepreneur with advanced degree sought NIW for specialty cake market business. AAO dismissed because the petitioner, despite 16 years entrepreneurial experience and substantial merit, failed to show national importance; independent bakery does not impact culinary arts broadly enough.
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 · Independent bakery lacks national importance; 40 jobs and tax revenue insufficient for industry of 33000 workers.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Independent bakery lacks national importance; 40 jobs and tax revenue insufficient for industry of 33000 workers. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed. |
 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.