EB-2 NIWBusiness and managementEmployerDecided August 2023Dismissed
Outcome: Dismissed
AUG242023_09B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A general manager and entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The Director found she did not establish exceptional ability eligibility. The petitioner did not contest this determination on appeal and did not address the waiver framework, so the appeal was dismissed based on waived underlying eligibility issues.
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 | First prong not reached because underlying EB-2 eligibility not established |
 Well positioned | Not reached / not discussed | Second prong not reached because underlying EB-2 eligibility not established |
 Balance favors a waiver | Not reached / not discussed | Third prong not reached because underlying EB-2 eligibility not established |
A published decision describes one case. It is not legal advice and not a prediction for yours.