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EB-2 NIWLaw, policy, social scienceIndividualDecided August 2023Dismissed

Outcome: Dismissed

AUG102023_01B5203

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

Our summary

Correctional officer and former Brazilian Army member sought EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal, finding petitioner failed to meet three of six regulatory evidentiary criteria for exceptional ability, including membership in professional associations, and therefore ineligible for underlying EB-2 classification.

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 discussedFailed initial EB-2 eligibility; Dhanasar prongs not reached
Well positionedNot reached / not discussedFailed initial EB-2 eligibility; Dhanasar prongs not reached
Balance favors a waiverNot reached / not discussedFailed initial EB-2 eligibility; Dhanasar prongs not reached

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

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