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EB-2 NIWSports and athleticsIndividualDecided June 2023Dismissed

Outcome: Dismissed

JUN152023_02B5203

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

Our summary

A fitness specialist sought EB-2 exceptional ability classification and a national interest waiver. The AAO dismissed because he met only three of six evidentiary criteria but lacked the degree of expertise significantly above ordinary for his field.

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 underlying EB-2 exceptional ability requirements
Well positionedNot reached / not discussedNot reached because petitioner failed to meet underlying EB-2 exceptional ability requirements
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed to meet underlying EB-2 exceptional ability requirements

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

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