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EB-2 NIWArts, design, architectureEmployerDecided April 2024Dismissed

Outcome: Dismissed

APR052024_05B5203

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

Our summary

Architect sought NIW for EB-2 classification. AAO dismissed the appeal due to invalid electronic signatures on appeal forms (I-290B and G-28) not meeting regulatory requirements for original signatures. Additionally, petitioner failed to contest Director's adverse finding on the dispositive second prong of Dhanasar analysis.

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 discussedAppeal dismissed on procedural grounds; signature validity defect prevents merits review
Well positionedNot reached / not discussedPetitioner waived this dispositive requirement by failing to contest Director's conclusion on appeal
Balance favors a waiverNot reached / not discussedNot reached due to failure on second prong and procedural defect in appeal filing

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

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