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EB-2 NIWEntrepreneurshipIndividualDecided August 2023Dismissed

Outcome: Dismissed

AUG242023_13B5203

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

Our summary

Automotive bodywork technician sought EB-2 exceptional ability classification with national interest waiver. AAO affirmed dismissal, finding petitioner did not establish exceptional ability despite meeting three of six criteria. Final merits determination required showing expertise significantly above ordinary level.

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 discussedNot reached; petitioner failed to establish underlying EB-2 exceptional ability qualification
Well positionedNot reached / not discussedNot reached; petitioner failed to establish underlying EB-2 exceptional ability qualification
Balance favors a waiverNot reached / not discussedNot reached; petitioner failed to establish underlying EB-2 exceptional ability qualification

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

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