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EB-2 NIWMechanical and aerospace engineeringIndividualDecided 2023Dismissed

Outcome: Dismissed

JUL202023_03B5203

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

Our summary

An aircraft maintenance technician self-petitioned for EB-2 exceptional ability classification and a national interest waiver. The appeal was dismissed after the AAO withdrew the earlier finding on the ten-year experience criterion, leaving fewer than the three required criteria. The final merits and waiver questions were therefore not decided.

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 discussedNot reached because exceptional ability was not established; the Dhanasar criteria were expressly reserved.
Well positionedNot reached / not discussedNot reached because exceptional ability was not established; the Dhanasar criteria were expressly reserved.
Balance favors a waiverNot reached / not discussedNot reached because exceptional ability was not established; the Dhanasar criteria were expressly reserved.

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

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