EB-2 NIWBusiness and managementIndividualDecided June 2022Dismissed
Outcome: Dismissed
JUN242022_01B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A sales director seeks national interest waiver for EB-2 classification. The AAO held he did not qualify for underlying EB-2 classification as exceptional ability, having failed to meet at least three of six regulatory criteria. National interest waiver analysis was not reached because eligibility for the base classification was not established.
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
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Not reached; petitioner failed to establish underlying EB-2 eligibility as exceptional ability or advanced degree professional |
 Well positioned | Not reached / not discussed | Not reached; petitioner failed to establish underlying EB-2 eligibility |
 Balance favors a waiver | Not reached / not discussed | Not reached; petitioner failed to establish underlying EB-2 eligibility |
A published decision describes one case. It is not legal advice and not a prediction for yours.