EB-2 NIWHealthcare, clinicalIndividualDecided August 2021Dismissed
Outcome: Dismissed
AUG192021_03B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A direct care worker seeks EB-2 exceptional ability classification and NIW. The AAO dismissed, finding she failed to meet three of six regulatory criteria for exceptional ability; official academic records lacked required documentation, employment history insufficient, and recognition letters did not demonstrate significant contributions. NIW not addressed.
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
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Not reached; petitioner failed to establish exceptional ability or advanced degree; NIW prong not analyzed. |
 Well positioned | Not reached / not discussed | Not reached; decision reserves this issue as petitioner ineligible for underlying classification. |
 Balance favors a waiver | Not reached / not discussed | Not reached; decision reserves this issue as petitioner ineligible for underlying classification. |
A published decision describes one case. It is not legal advice and not a prediction for yours.