EB-2 NIWOtherEmployerDecided April 2023Dismissed
Outcome: Dismissed
APR182023_03B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An eyeglass manufacturer petitioned for a quality control inspector, seeking EB-2 classification as an advanced degree professional or person of exceptional ability, plus a national interest waiver. The appeal was dismissed because none of the exceptional ability criteria or the advanced degree requirement was shown, so the waiver analysis was not reached.
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
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Not reached because the beneficiary did not qualify for the underlying EB-2 classification; the Dhanasar prongs were reserved. |
 Well positioned | Not reached / not discussed | Not reached because the underlying EB-2 classification was not established; the Dhanasar prongs were reserved. |
 Balance favors a waiver | Not reached / not discussed | Not reached because the underlying EB-2 classification was not established; the Dhanasar prongs were reserved. |
A published decision describes one case. It is not legal advice and not a prediction for yours.