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EB-2 NIWOtherIndividualDecided 2025Dismissed

Outcome: Dismissed

JUL012025_03B5203

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

Our summary

A self-petitioner sought an EB-2 classification with a national interest waiver. The service center denied it as not well positioned, then dismissed a combined motion. The AAO dismissed the appeal because the petitioner did not challenge the finding that the motion stated no new facts, so the issue was waived.

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 addressed only the motion dismissal, not the first Dhanasar prong.
Well positionedNot reached / not discussedService center's finding on this prong was not reviewed; appeal concerned motion requirements only.
Balance favors a waiverNot reached / not discussedThird prong was never analyzed in the appeal decision.

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

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