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EB-2 NIWBusiness and managementIndividualDecided April 2024Dismissed

Outcome: Dismissed

APR022024_05B5203

Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

A logistician seeks exceptional ability classification and a national interest waiver. The AAO dismissed the appeal because the petitioner did not contest the director's finding that he failed to establish EB-2 eligibility, forfeiting the issue on appeal and making NIW analysis unnecessary.

Official PDF

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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

CriterionReadingWhy
Merit and national importanceNot reached / not discussedClaimed but not analyzed; issue waived when petitioner abandoned EB-2 eligibility argument on appeal.
Well positionedNot reached / not discussedClaimed but not analyzed; issue waived when petitioner abandoned EB-2 eligibility argument on appeal.
Balance favors a waiverNot reached / not discussedClaimed but not analyzed; issue waived when petitioner abandoned EB-2 eligibility argument on appeal.

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

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