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EB-2 NIWBusiness and managementIndividualDecided February 2024Dismissed

Outcome: Dismissed

FEB292024_07B5203

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

Our summary

Executive manager from Brazil sought EB-2 classification and NIW waiver to establish marketing and graphic company in United States. AAO dismissed appeal because petitioner failed to establish advanced degree equivalent or exceptional ability under EB-2 criteria, making underlying eligibility dispositive.

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

CriterionReadingWhy
Merit and national importanceNot reached / not discussedNot reached; petitioner failed to establish underlying EB-2 eligibility as advanced degree professional or exceptional ability
Well positionedNot reached / not discussedNot reached; petitioner failed to establish underlying EB-2 eligibility
Balance favors a waiverNot reached / not discussedNot 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.

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