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EB-2 NIWArts, design, architectureIndividualDecided April 2024Dismissed

Outcome: Dismissed

APR162024_04B5203

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

Our summary

Art teacher with seventeen years experience sought EB-2 classification as advanced degree professional or individual of exceptional ability, plus national interest waiver. AAO dismissed appeal because petitioner failed to establish eligibility for underlying EB-2 classification; waiver analysis was reserved and not decided.

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 discussedFirst prong failed; decision reserved NIW analysis and did not reach it
Well positionedNot reached / not discussedNot reached because first prong failed
Balance favors a waiverNot reached / not discussedNot reached because first prong failed

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

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