EB-2 NIWBusiness and managementEmployerDecided August 2023Dismissed
Outcome: Dismissed
AUG242023_08B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Human resources specialist seeking EB-2 NIW classification claimed exceptional ability and national interest waiver. AAO found petitioner met only two of six exceptional ability criteria: insufficient full-time experience documentation as HR specialist and inadequate evidence of achievement. Because three criteria are required, NIW Dhanasar framework analysis 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
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Petitioner failed evidentiary requirement of three criteria under exceptional ability standard; NIW analysis not reached. |
 Well positioned | Not reached / not discussed | Petitioner failed evidentiary requirement under exceptional ability standard; NIW analysis not reached. |
 Balance favors a waiver | Not reached / not discussed | Petitioner failed evidentiary requirement under exceptional ability standard; NIW analysis not reached. |
A published decision describes one case. It is not legal advice and not a prediction for yours.