EB-2 NIWHealthcare, clinicalIndividualDecided February 2025Dismissed
Outcome: Dismissed
FEB042025_01B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Health psychology researcher sought EB-2 NIW. Petitioner failed to establish exceptional ability, meeting only one of six regulatory criteria. AAO dismissed appeal without reaching NIW merits because exceptional ability is prerequisite for NIW eligibility.
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 |
|---|---|---|
 Merit and national importance | Not reached / not discussed | First prong analysis reserved; petitioner failed exceptional ability threshold, so NIW prongs not reached |
 Well positioned | Not reached / not discussed | First prong analysis reserved; petitioner failed exceptional ability threshold, so NIW prongs not reached |
 Balance favors a waiver | Not reached / not discussed | First prong analysis reserved; petitioner failed exceptional ability threshold, so NIW prongs not reached |
A published decision describes one case. It is not legal advice and not a prediction for yours.