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EB-2 NIWOtherIndividualDecided February 2026Dismissed

Outcome: Dismissed

FEB202026_02B5203

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

Our summary

A petitioner sought EB-2 advanced degree or exceptional ability classification with national interest waiver under Dhanasar. The AAO dismissed the motion to reopen, finding the petitioner resubmitted identical documentation already in the record without new facts supported by evidence, and failed to comply with Form I-290B instructions for filing additional materials.

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 · Petitioner failed to demonstrate endeavor has national importance in prior appeals and motions; present motion resubmits identical documentation.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner failed to demonstrate endeavor has national importance in prior appeals and motions; present motion resubmits identical documentation.
Well positionedNot reached / not discussedFirst prong failed; subsequent prongs not analyzed in this or prior decisions.
Balance favors a waiverNot reached / not discussedFirst prong failed; subsequent prongs not analyzed in this or prior decisions.

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

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