EB-2 NIWEducation and academiaIndividualDecided December 2023Dismissed
Outcome: Dismissed
DEC192023_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An early-childhood educator sought EB-2 classification with national interest waiver. The AAO found the petitioner categorically ineligible for EB-2 and dismissed the appeal because the proposed endeavor was inconsistently articulated between filings, preventing analysis under Dhanasar.
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
- Merit and national importance · Petitioner changed proposed endeavor between petition and RFE response, creating ambiguity preventing analysis of substantial merit or national importance.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner changed proposed endeavor between petition and RFE response, creating ambiguity preventing analysis of substantial merit or national importance. |
 Well positioned | Not reached / not discussed | First prong failed; remaining Dhanasar prongs not reached. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; remaining Dhanasar prongs not reached. |
A published decision describes one case. It is not legal advice and not a prediction for yours.