EB-2 NIWEducation and academiaIndividualDecided January 2023Dismissed
Outcome: Dismissed
JAN172023_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An entrepreneur seeking EB-2 classification as exceptional ability individual and NIW claimed eligibility under one exceptional ability criterion but failed to meet at least three required criteria. The AAO dismissed the appeal, finding no established exceptional ability and therefore no basis for NIW consideration.
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 failed to establish eligibility for underlying EB-2 classification, precluding NIW analysis.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner failed to establish eligibility for underlying EB-2 classification, precluding NIW analysis. |
 Well positioned | Not reached / not discussed | Not reached because petitioner failed first prong of Dhanasar framework. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed first prong of Dhanasar framework. |
A published decision describes one case. It is not legal advice and not a prediction for yours.