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EB-2 NIWBusiness and managementIndividualDecided April 2024Dismissed

Outcome: Dismissed

APR292024_07B5203

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

Our summary

A security management specialist proposes to establish a security services business and claims exceptional ability. The AAO dismissed the appeal because the petitioner failed to meet at least three of six regulatory criteria for exceptional ability under the EB-2 classification, rendering NIW analysis unnecessary.

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; Dhanasar framework analysis reserved due to failure to establish underlying EB-2 eligibility.
Well positionedNot reached / not discussedNot reached; Dhanasar framework analysis reserved due to failure to establish underlying EB-2 eligibility.
Balance favors a waiverNot reached / not discussedNot reached; Dhanasar framework analysis reserved due to failure to establish underlying EB-2 eligibility.

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

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