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EB-2 NIWEnergy and climateIndividualDecided January 2026Dismissed

Outcome: Dismissed

JAN282026_03B5203

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

Our summary

A doctoral student in earth and environmental science sought EB-2 exceptional ability classification and a national interest waiver. The AAO dismissed the appeal because the petitioner did not show three exceptional ability criteria or expertise significantly above peers, and it reserved the waiver question without deciding the Dhanasar prongs.

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 resolved only exceptional ability and expressly reserved the national interest waiver question.
Well positionedNot reached / not discussedNot reached because exceptional ability was not established.
Balance favors a waiverNot reached / not discussedNot reached because exceptional ability was not established.

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

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