EB-2 NIWBusiness and managementIndividualDecided June 2023Dismissed
Outcome: Dismissed
JUN222023_05B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneur/investor sought EB-2 NIW classification as individual of exceptional ability. AAO affirmed that letters of recommendation from former clients and bank do not constitute peer recognition satisfying regulatory criterion. Petitioner failed to meet at least three required criteria. Appeal 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
- Merit and national importance · Petitioner does not satisfy at least three exceptional ability criteria, making NIW ineligible.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner does not satisfy at least three exceptional ability criteria, making NIW ineligible. |
 Well positioned | Not reached / not discussed | Underlying EB-2 exceptional ability classification not established; Dhanasar analysis reserved. |
 Balance favors a waiver | Not reached / not discussed | Underlying EB-2 exceptional ability classification not established; Dhanasar analysis reserved. |
A published decision describes one case. It is not legal advice and not a prediction for yours.