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EB-2 NIWArts, design, architectureIndividualDecided December 2023Dismissed

Outcome: Dismissed

DEC142023_05B5203

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

Our summary

An arts performer seeking EB-2 classification with national interest waiver. The AAO found the record did not establish a qualifying advanced degree or five years of progressive post-baccalaureate experience, and did not satisfy at least three exceptional ability criteria. Dhanasar analysis was reserved; appeal dismissed.

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 discussedPetitioner failed to establish EB-2 eligibility; Dhanasar analysis reserved
Well positionedNot reached / not discussedFirst prong not met; second and third prongs not reached
Balance favors a waiverNot reached / not discussedFirst prong not met; second and third prongs not reached

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

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