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EB-2 NIWBusiness and managementEmployerDecided December 2022Dismissed

Outcome: Dismissed

DEC292022_02B5203

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

Our summary

General operations professional sought EB-2 NIW classification. AAO found foreign degree equivalent to three years of U.S. study, not a bachelor's degree, despite academic evaluations claiming otherwise. Educational evaluation implausibly credited five-year equivalent in three years. Ineligible for underlying EB-2; NIW prongs not reached.

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 discussedNot reached because petitioner ineligible for underlying EB-2 classification
Well positionedNot reached / not discussedNot reached because petitioner ineligible for underlying EB-2 classification
Balance favors a waiverNot reached / not discussedNot reached because petitioner ineligible for underlying EB-2 classification

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

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