EB-2 NIWFinance and economicsIndividualDecided August 2023Dismissed
Outcome: Dismissed
AUG152023_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Accountant sought EB-2 NIW classification. AAO found MBA from Brazil not established as U.S. equivalent advanced degree, and experience letters lacked required detail. Petitioner failed to meet exceptional ability criteria. Appeal dismissed because petitioner 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
- Merit and national importance · Petitioner does not qualify for EB-2 classification as advanced degree professional or exceptional ability, making NIW ineligible.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner does not qualify for EB-2 classification as advanced degree professional or exceptional ability, making NIW ineligible. |
 Well positioned | Not reached / not discussed | First prong failed; second prong not reached. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third prong not reached. |
A published decision describes one case. It is not legal advice and not a prediction for yours.