EB-2 NIWLaw, policy, social scienceIndividualDecided February 2023Dismissed
Outcome: Dismissed
FEB162023_04B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A public safety officer seeking EB-2 classification with national interest waiver abandoned his appeal on the threshold issue of underlying EB-2 eligibility. The AAO dismissed the appeal without reaching the Dhanasar analysis because establishing eligibility for the underlying EB-2 classification is a prerequisite for any waiver consideration.
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 | Claimed but not analyzed; petitioner abandoned threshold EB-2 eligibility issue |
 Well positioned | Not reached / not discussed | Not reached because threshold EB-2 qualification was abandoned |
 Balance favors a waiver | Not reached / not discussed | Not reached because threshold EB-2 qualification was abandoned |
A published decision describes one case. It is not legal advice and not a prediction for yours.