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EB-2 NIWEducation and academiaIndividualDecided April 2024Dismissed

Outcome: Dismissed

APR022024_08B5203

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

Our summary

Spanish language educator seeks national interest waiver for unspecified EB-2 employment-based classification. AAO held applicant failed to reliably identify and clearly demonstrate ability to advance proposed endeavor under Dhanasar second prong, so waiver denied.

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

  • Well positioned · Petitioner presented dueling endeavors, making it impossible to assess whether applicant is well positioned to advance proposed endeavor.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedClaimed but not analyzed; AAO reserved opinion on first prong as second prong failure was dispositive.
Well positionedNot metPetitioner presented dueling endeavors, making it impossible to assess whether applicant is well positioned to advance proposed endeavor.
Balance favors a waiverNot reached / not discussedNot reached because second prong fails; issue is moot.

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

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