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EB-2 NIWBusiness and managementIndividualDecided August 2023Dismissed

Outcome: Dismissed

AUG102023_07B5203

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

Our summary

A business manager seeking EB-2 exceptional ability classification and NIW claimed three exceptional ability criteria but established only two. The AAO dismissed the appeal, finding the petitioner failed to meet the minimum three-criterion threshold for exceptional ability and therefore reserved the Dhanasar analysis.

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 discussedPetitioner failed first threshold requiring three exceptional ability criteria; Dhanasar analysis reserved as unnecessary.
Well positionedNot reached / not discussedPetitioner failed first threshold; Dhanasar prongs not reached.
Balance favors a waiverNot reached / not discussedPetitioner failed first threshold; 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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