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EB-2 NIWEnergy and climateIndividualDecided June 2024Dismissed

Outcome: Dismissed

JUN122024_09B5203

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

Our summary

Environmental and sustainability professional sought EB-2 exceptional ability classification and NIW. AAO dismissed appeal because petitioner failed to meet the threshold requirement of three of six regulatory criteria for exceptional ability, making NIW analysis unnecessary and reserved.

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 petitioner failed to meet three of six exceptional ability threshold criteria under EB-2; NIW analysis reserved
Well positionedNot reached / not discussedNot reached; NIW analysis reserved due to categorical ineligibility for EB-2
Balance favors a waiverNot reached / not discussedNot reached; NIW analysis reserved due to categorical ineligibility for EB-2

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

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