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EB-2 NIWArts, design, architectureIndividualDecided January 2025Dismissed

Outcome: Dismissed

JAN152025_05B5203

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

Our summary

Set and exhibit designer proposed establishing an event production and design company as CEO. Sought EB-2 exceptional ability classification with national interest waiver. AAO found petitioner met only two of six exceptional ability criteria and failed to demonstrate at least three required. Since underlying EB-2 classification was unmet, Dhanasar prongs were not addressed.

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

  • Merit and national importance · Petitioner did not establish EB-2 exceptional ability classification prerequisite

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner did not establish EB-2 exceptional ability classification prerequisite
Well positionedNot reached / not discussedReserved as not dispositive; underlying EB-2 eligibility failed first
Balance favors a waiverNot reached / not discussedReserved as not dispositive; underlying EB-2 eligibility failed first

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

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