A self-petitioner general operations manager sought NIW classification and waiver as an advanced degree professional or individual of exceptional ability. The AAO dismissed the appeal, finding she failed to establish underlying EB-2 eligibility because her foreign education equivalency and exceptional ability were not sufficiently demonstrated.

A senior software maintenance engineer with over 10 years of experience sought EB-2 classification as an individual of exceptional ability with national interest waiver. The AAO dismissed the appeal, finding the petitioner met only two of six evidentiary criteria and lacked the significantly above-ordinary expertise required for exceptional ability.

Senior project manager seeking EB-2 exceptional ability and national interest waiver. Petitioner claimed six regulatory criteria but AAO found only two met. AAO withdrew Director's finding on one criterion, leaving only two criteria satisfied. Dismissed because petitioner failed to meet the three-criterion threshold for exceptional ability, disqualifying him from NIW consideration.

Executive manager from Brazil sought EB-2 classification and NIW waiver to establish marketing and graphic company in United States. AAO dismissed appeal because petitioner failed to establish advanced degree equivalent or exceptional ability under EB-2 criteria, making underlying eligibility dispositive.