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EB-2 NIWLaw, policy, social scienceIndividualDecided January 2024Dismissed

Outcome: Dismissed

JAN092024_03B5203

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

Our summary

Legal services provider sought NIW as self-petitioner under EB-2 advanced degree category. AAO dismissed appeal finding petitioner lacks five years progressive post-baccalaureate experience in specialty and failed to provide required academic equivalency evaluations, making underlying EB-2 eligibility impossible to establish.

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 discussedClaimed but not analyzed; petitioner failed to establish eligibility for underlying EB-2 classification, making NIW analysis unnecessary
Well positionedNot reached / not discussedNot reached; underlying EB-2 eligibility not established
Balance favors a waiverNot reached / not discussedNot reached; underlying EB-2 eligibility not established

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

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