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EB-2 NIWOtherIndividualDecided December 2023Dismissed

Outcome: Dismissed

DEC082023_01B5203

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

Our summary

Truck driver and owner seeking EB-2 exceptional ability classification and national interest waiver. AAO dismissed because petitioner failed to establish underlying EB-2 eligibility, meeting only two of six required criteria and lacking degree of expertise significantly above field ordinary.

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 discussedUnderlying EB-2 classification not established; NIW analysis not reached.
Well positionedNot reached / not discussedUnderlying EB-2 classification not established; NIW analysis not reached.
Balance favors a waiverNot reached / not discussedUnderlying EB-2 classification not established; NIW analysis not reached.

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

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