Skip to content
Merito
← Back to results
EB-2 NIWBusiness and managementEmployerDecided December 2023Dismissed

Outcome: Dismissed

DEC192023_05B5203

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

Our summary

A commercial development specialist in real estate sought EB-2 classification with national interest waiver. The AAO dismissed the appeal because the petitioner did not meet three of six exceptional ability criteria under 8 C.F.R. § 204.5(k)(3)(ii), making Dhanasar 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 discussedCategorical ineligibility for EB-2 exceptional ability reached first; Dhanasar prongs not analyzed.
Well positionedNot reached / not discussedCategorical ineligibility for EB-2 reached first; this prong not analyzed.
Balance favors a waiverNot reached / not discussedCategorical ineligibility for EB-2 reached first; this prong not analyzed.

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

Similar decisions

Decisions whose text is closest to this one.