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EB-2 NIWAgriculture and foodIndividualDecided April 2024Dismissed

Outcome: Dismissed

APR182024_10B5203

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

Our summary

A food engineer sought an EB-2 classification with a national interest waiver. The AAO dismissed the appeal because the petitioner did not document five years of progressive post-baccalaureate experience or show the foreign degree equals a U.S. bachelor's degree. The Dhanasar prongs were therefore 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 discussedNot reached because the petitioner failed the threshold EB-2 advanced degree eligibility requirement.
Well positionedNot reached / not discussedNot reached because underlying EB-2 classification was not established.
Balance favors a waiverNot reached / not discussedNot reached because underlying 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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