A physiotherapist sought EB-2 classification with a national interest waiver. The AAO affirmed that the petitioner failed to meet the underlying EB-2 exceptional ability requirement at the final merits stage, despite satisfying three initial criteria. Because eligibility for the underlying classification was not established, NIW analysis was waived and the appeal was dismissed.

Nurse technician and wellness spa entrepreneur sought EB-2 exceptional ability classification with national interest waiver. AAO affirmed denial, finding petitioner met only one of six regulatory criteria for exceptional ability, failing to establish underlying EB-2 eligibility; therefore national interest waiver not reached.

Commercial pilot from Panama sought NIW for EB-2. AAO held petitioner failed to establish exceptional ability: only two criteria met (degree and license), not three required. Insufficient evidence of ten years experience, exceptional salary, professional association membership, or industry recognition. Underlying visa eligibility denied; NIW not analyzed.

IT project manager sought NIW as individual of exceptional ability. AAO dismissed appeal because petitioner met only two of six exceptional ability criteria (academic records and work experience); withdrawal of third criterion (professional membership) left petitioner below minimum threshold, and underlying eligibility failure precluded NIW analysis.