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EB-2 NIWEntrepreneurshipIndividualDecided December 2023Dismissed

Outcome: Dismissed

DEC152023_06B5203

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

Our summary

An entrepreneur in automation and control sought EB-2 classification with NIW. The AAO dismissed the appeal because the petitioner failed to establish he held an advanced degree, the underlying EB-2 eligibility requirement, rendering the NIW analysis unnecessary.

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 ineligible for underlying EB-2 classification; NIW criteria not reached as dispositive issue.
Well positionedNot reached / not discussedPetitioner ineligible for underlying EB-2 classification; NIW criteria not reached as dispositive issue.
Balance favors a waiverNot reached / not discussedPetitioner ineligible for underlying EB-2 classification; NIW criteria not reached as dispositive issue.

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

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