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EB-2 NIWOtherIndividualDecided February 2026Dismissed

Outcome: Dismissed

FEB112026_01B5203

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

Our summary

Petitioner sought EB-2 national interest waiver. Motion to reconsider argued prior AAO decision misapplied the Dhanasar framework and evidentiary standards. AAO dismissed because petitioner merely reargued facts already considered and failed to identify specific legal or policy errors in the prior decision.

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 · Prior appellate decision found petitioner failed to establish national importance of proposed endeavor

Criteria

CriterionReadingWhy
Merit and national importanceNot metPrior appellate decision found petitioner failed to establish national importance of proposed endeavor
Well positionedNot reached / not discussedNot reached because first prong failed
Balance favors a waiverNot reached / not discussedNot reached because first prong failed

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

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