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EB-2 NIWFinance and economicsIndividualDecided January 2024Dismissed

Outcome: Dismissed

JAN302024_04B5203

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

Our summary

An accounting professional and entrepreneur sought exceptional ability and national interest waiver. The AAO found he met only one of six exceptional ability criteria. Because he failed the foundational EB-2 requirement, the AAO declined to reach the national interest waiver analysis and dismissed the appeal.

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 discussedDid not reach Dhanasar framework analysis because exceptional ability not established
Well positionedNot reached / not discussedDid not reach Dhanasar framework because exceptional ability not established
Balance favors a waiverNot reached / not discussedDid not reach Dhanasar framework because exceptional ability not established

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

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