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EB-2 NIWBusiness and managementIndividualDecided July 2023Dismissed

Outcome: Dismissed

JUL132023_04B5203

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

Our summary

Human resources specialist seeking NIW as EB-2 exceptional ability applicant. Failed to establish underlying EB-2 eligibility under regulatory criteria. AAO dismissed without reaching Dhanasar prongs, finding ineligibility for EB-2 classification dispositive of NIW request.

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 discussedClaimed but not analyzed; decision focused on failure to establish underlying EB-2 eligibility first.
Well positionedNot reached / not discussedClaimed but not analyzed; decision reserved as unnecessary after ineligibility for EB-2 established.
Balance favors a waiverNot reached / not discussedClaimed but not analyzed; decision reserved as unnecessary after ineligibility for EB-2 established.

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

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