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EB-2 NIWSports and athleticsIndividualDecided July 2024Dismissed

Outcome: Dismissed

JUL252024_03B5203

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

Our summary

Martial arts entrepreneur sought EB-2 exceptional ability classification with NIW. AAO found petitioner met only one of six regulatory criteria for exceptional ability, not the required three. Because underlying EB-2 eligibility was not established, the NIW claim was reserved without analysis.

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 discussedFirst prong not reached because petitioner failed to establish EB-2 exceptional ability eligibility
Well positionedNot reached / not discussedNot reached due to failure on underlying EB-2 qualification
Balance favors a waiverNot reached / not discussedNot reached due to failure on underlying EB-2 qualification

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

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