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EB-2 NIWOtherIndividualDecided December 2023Dismissed

Outcome: Dismissed

DEC072023_05B5203

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

Our summary

Commercial airline pilot and flight instructor sought EB-2 exceptional ability classification and NIW. AAO found petitioner failed to meet three required exceptional ability criteria: academic record, ten years full-time experience, and professional association membership. Decision dismissed appeal without reaching Dhanasar framework prongs because underlying EB-2 qualification was not established.

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 discussedDecision failed on underlying EB-2 qualification; Dhanasar prongs reserved and not analyzed
Well positionedNot reached / not discussedDecision failed on underlying EB-2 qualification; Dhanasar prongs reserved and not analyzed
Balance favors a waiverNot reached / not discussedDecision failed on underlying EB-2 qualification; Dhanasar prongs reserved and not analyzed

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

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