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EB-2 NIWSports and athleticsIndividualDecided January 2024Dismissed

Outcome: Dismissed

JAN102024_02B5203

Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed

Our summary

Skydiving instructor sought NIW but did not qualify for EB-2 as advanced degree professional or individual of exceptional ability. Met only one of six exceptional ability criteria (license/certification). AAO held endeavor lacked national importance due to absence of quantified economic impact demonstration.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Well positioned · Director and AAO acknowledged petitioner met second prong of Dhanasar

What was missing

  • Merit and national importance · Skydiving instruction endeavor provided no documentation of specific national-level economic impact

Criteria

CriterionReadingWhy
Merit and national importanceNot metSkydiving instruction endeavor provided no documentation of specific national-level economic impact
Well positionedMetDirector and AAO acknowledged petitioner met second prong of Dhanasar
Balance favors a waiverNot reached / not discussedNot reached; failure on first prong

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

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