Outcome: Dismissed
APR242023_02B5203
Our summary
Construction entrepreneur sought EB-2 exceptional ability with NIW. Claimed five criteria; Director found only membership met, requiring three minimum. AAO affirmed membership finding but agreed other four criteria unmet. Since petitioner failed underlying EB-2 eligibility, NIW analysis reserved as moot.
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 |
|---|---|---|
| Not reached / not discussed | First prong failed; NIW analysis not reached, deemed moot | |
| Not reached / not discussed | Not reached due to failure to qualify for underlying EB-2 | |
| Not reached / not discussed | Not reached due to failure to qualify for underlying EB-2 |
A published decision describes one case. It is not legal advice and not a prediction for yours.
