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EB-2 NIWBusiness and managementIndividualDecided April 2023Dismissed

Outcome: Dismissed

APR242023_02B5203

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

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

CriterionReadingWhy
Merit and national importanceNot reached / not discussedFirst prong failed; NIW analysis not reached, deemed moot
Well positionedNot reached / not discussedNot reached due to failure to qualify for underlying EB-2
Balance favors a waiverNot reached / not discussedNot 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.

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