EB-2 NIWArts, design, architectureIndividualDecided February 2025Dismissed
Outcome: Dismissed
FEB252025_05B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An architect sought EB-2 classification and NIW. The AAO upheld the service center's dismissal of a motion to reconsider. The petitioner lacked advanced degree or five years post-baccalaureate experience, and failed to meet three exceptional ability criteria. Underlying EB-2 eligibility unestablished; NIW eligibility not reached.
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 | Appeal addressed motion to reconsider dismissal, not NIW merits; underlying EB-2 eligibility not established. |
 Well positioned | Not reached / not discussed | First prong not met; second prong reserved. |
 Balance favors a waiver | Not reached / not discussed | First prong not met; third prong reserved. |
A published decision describes one case. It is not legal advice and not a prediction for yours.