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EB-2 NIWArts, design, architectureIndividualDecided January 2024Dismissed

Outcome: Dismissed

JAN162024_04B5203

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

Our summary

An entrepreneur in film and video production claimed exceptional ability status and national interest waiver. The AAO found he met only one of six evidentiary criteria, reversing the Service Center's finding on professional membership and rejecting recognition for achievements. The appeal was dismissed.

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 to meet three-criterion threshold for exceptional ability
Well positionedNot reached / not discussedNot reached because petitioner failed to meet three-criterion threshold for exceptional ability
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed to meet three-criterion threshold for exceptional ability

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

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