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EB-2 NIWComputer science and AIIndividualDecided July 2023Dismissed

Outcome: Dismissed

JUL072023_03B5203

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

Our summary

A manager in computerized metal cutting and fabrication sought EB-2 exceptional ability classification with NIW. The AAO held the petitioner failed to meet three of six evidentiary criteria for exceptional ability, and thus ineligible for underlying EB-2 classification, making Dhanasar prongs unreachable.

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 discussedFirst prong of Dhanasar not reached because petitioner failed EB-2 eligibility threshold
Well positionedNot reached / not discussedNot reached; petitioner ineligible for underlying EB-2 classification
Balance favors a waiverNot reached / not discussedNot reached; petitioner ineligible for underlying EB-2 classification

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

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