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EB-2 NIWArts, design, architectureIndividualDecided January 2024Dismissed

Outcome: Dismissed

JAN042024_01B5203

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

Our summary

Brazilian audiovisual production entrepreneur sought EB-2 exceptional ability with national interest waiver. AAO affirmed denial because petitioner failed to meet three of six regulatory criteria for exceptional ability, including insufficient employer letters, no comparable license or certification evidence, and no comparative salary data demonstrating exceptional ability.

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 because petitioner failed underlying EB-2 eligibility
Well positionedNot reached / not discussedNot reached because petitioner failed underlying EB-2 eligibility
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed 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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