EB-2 NIWBusiness and managementIndividualDecided February 2022Dismissed
Outcome: Dismissed
FEB242022_02B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Project manager sought EB-2 advanced degree and exceptional ability classification with national interest waiver. AAO dismissed appeal because petitioner failed to demonstrate advanced degree (insufficient post-baccalaureate experience) and did not meet three exceptional ability criteria, making NIW analysis moot.
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 | NIW not reached; petitioner failed to establish underlying EB-2 eligibility as advanced degree professional or exceptional ability. |
 Well positioned | Not reached / not discussed | NIW not reached; petitioner failed to establish underlying EB-2 eligibility. |
 Balance favors a waiver | Not reached / not discussed | NIW not reached; petitioner failed to establish underlying EB-2 eligibility. |
A published decision describes one case. It is not legal advice and not a prediction for yours.