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EB-2 NIWSports and athleticsIndividualDecided July 2023Dismissed

Outcome: Dismissed

JUL182023_06B5203

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

Our summary

A taekwondo instructor sought EB-2 classification with national interest waiver. Although the director found her eligible as member of professions with advanced degree, the AAO reversed, finding her degree in law does not relate to taekwondo instruction and she lacked five years post-baccalaureate specialty experience. Appeal dismissed; NIW not reached.

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 · Petitioner does not qualify for EB-2 as member of professions or person of exceptional ability; fails first prong prerequisite.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner does not qualify for EB-2 as member of professions or person of exceptional ability; fails first prong prerequisite.
Well positionedNot reached / not discussedNot reached; first prong failed so subsequent prongs reserved without analysis.
Balance favors a waiverNot reached / not discussedNot reached; first prong failed so subsequent prongs reserved without analysis.

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

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