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EB-2 NIWOtherIndividualDecided April 2023Dismissed

Outcome: Dismissed

APR042023_02B5203

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

Our summary

A pilot sought EB-2 classification with national interest waiver. The AAO found the petitioner failed to meet evidentiary criteria for exceptional ability or advanced degree professional status, lacking sufficient documentation from employers and relevant credentials, and therefore was ineligible for the underlying classification and waiver.

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

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedPetitioner failed to establish underlying EB-2 eligibility; national interest waiver analysis not reached
Well positionedNot reached / not discussedPetitioner failed to establish underlying EB-2 eligibility; second prong not addressed
Balance favors a waiverNot reached / not discussedPetitioner failed to establish underlying EB-2 eligibility; third prong not addressed

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

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