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EB-2 NIWOtherIndividualDecided August 2023Dismissed

Outcome: Dismissed

AUG152023_06B5203

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

Our summary

Aircraft mechanic sought EB-2 exceptional ability classification and national interest waiver. AAO found petitioner failed to establish exceptional ability under three of six regulatory criteria, including insufficient experience, salary not demonstrating exceptional ability, and membership in professional association not meeting regulatory requirements. Appeal dismissed; Dhanasar framework 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 discussedPetitioner failed underlying EB-2 classification; first prong not reached
Well positionedNot reached / not discussedNot reached due to failure on underlying classification
Balance favors a waiverNot reached / not discussedNot reached due to failure on underlying classification

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

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