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EB-2 NIWSoftware engineeringIndividualDecided July 2022Dismissed

Outcome: Dismissed

JUL252022_01B5203

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

Our summary

An IT coordinator sought an EB-2 exceptional ability classification with a national interest waiver. The AAO found he met none of the six exceptional ability criteria, including withdrawing the earlier finding on professional membership, and declined to reach the waiver questions, so the appeal was dismissed.

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 the petitioner failed the underlying EB-2 exceptional ability requirement.
Well positionedNot reached / not discussedNot reached because the underlying EB-2 eligibility was not established.
Balance favors a waiverNot reached / not discussedNot reached because the underlying EB-2 eligibility was not established.

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

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