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EB-2 NIWOtherIndividualDecided August 2023Dismissed

Outcome: Dismissed

AUG102023_04B5203

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

Our summary

A petitioner sought EB-2 advanced degree or exceptional ability classification and NIW. AAO dismissed appeal because petitioner did not establish foreign three-year degree equivalent to U.S. baccalaureate or exceptional ability; NIW analysis not reached.

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 underlying EB-2 advanced degree requirement; Dhanasar criteria not reached
Well positionedNot reached / not discussedNot reached due to failure on underlying EB-2 qualification
Balance favors a waiverNot reached / not discussedNot reached due to failure on underlying EB-2 qualification

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

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