EB-2 NIWOtherIndividualDecided 2023Dismissed
Outcome: Dismissed
JUL112023_07B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Aircraft mechanic self-petitioner claimed exceptional ability under EB-2 and sought national interest waiver. AAO affirmed denial because petitioner failed to establish by preponderance of evidence that expertise was significantly above ordinary in field, and thus did not qualify for underlying EB-2 classification required for NIW eligibility.
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
- Merit and national importance · Director concluded petitioner failed to establish national importance; AAO affirmed without disturbing finding on substantial merit prong
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Director concluded petitioner failed to establish national importance; AAO affirmed without disturbing finding on substantial merit prong |
 Well positioned | Not reached / not discussed | Director found prong satisfied; AAO declined to reach remaining prongs because first prong failure was dispositive |
 Balance favors a waiver | Not reached / not discussed | AAO reserved arguments on third prong after first prong failure |
A published decision describes one case. It is not legal advice and not a prediction for yours.