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EB-2 NIWMarketing, media, communicationsIndividualDecided April 2024Dismissed

Outcome: Dismissed

APR122024_04B5203

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

Our summary

A marketing specialist sought EB-2 exceptional ability classification with a national interest waiver. The petitioner claimed five of six exceptional ability criteria on appeal. The AAO found only the degree criterion met, since experience, salary, membership and recognition evidence fell short, and so reserved the Dhanasar analysis and dismissed the appeal.

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 discussedNot reached because the petitioner failed the underlying EB-2 exceptional ability classification; Dhanasar prongs reserved.
Well positionedNot reached / not discussedNot reached because the threshold EB-2 classification was not established.
Balance favors a waiverNot reached / not discussedNot reached because the threshold EB-2 classification was not established.

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

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