Outcome: Dismissed
DEC192023_05B5203
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
| Criterion | Reading | Why |
|---|---|---|
| Not reached / not discussed | Categorical ineligibility for EB-2 exceptional ability reached first; Dhanasar prongs not analyzed. | |
| Not reached / not discussed | Categorical ineligibility for EB-2 reached first; this prong not analyzed. | |
| Not reached / not discussed | Categorical 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.
