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EB-2 NIWBusiness and managementIndividualDecided January 2026Dismissed

Outcome: Dismissed

JAN202026_04B5203

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

Our summary

A senior lead consultant sought EB-2 exceptional ability classification with a national interest waiver. The AAO dismissed the appeal because the petitioner met only one of the needed three exceptional ability criteria, with salary and recognition evidence insufficient. It therefore did not reach the waiver analysis under the Dhanasar framework.

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 discussedDecision stopped at exceptional ability threshold and did not analyze the Dhanasar prongs.
Well positionedNot reached / not discussedNot analyzed because the petitioner failed the exceptional ability threshold.
Balance favors a waiverNot reached / not discussedNot analyzed because the petitioner failed the exceptional ability threshold.

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

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