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EB-2 NIWComputer science and AIIndividualDecided August 2022Dismissed

Outcome: Dismissed

AUG232022_06B5203

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

Our summary

Computer engineer claimed EB-2 advanced degree or exceptional ability and national interest waiver. AAO held petitioner did not establish advanced degree eligibility, met only one of six exceptional ability criteria, and thus failed to establish first prong of Dhanasar framework, making waiver analysis unnecessary.

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 to establish EB-2 eligibility as prerequisite; first prong not reached on merits
Well positionedNot reached / not discussedNot reached because petitioner failed first prong of Dhanasar framework
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed first prong of Dhanasar framework

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

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