EB-2 NIWBusiness and managementEmployerDecided March 2023Dismissed
Outcome: Dismissed
MAR062023_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A general and operations manager seeks EB-2 NIW as individual of exceptional ability. The petitioner claimed multiple exceptional ability criteria. The AAO dismissed the appeal, finding petitioner did not satisfy three of six criteria required for exceptional ability, eliminating NIW eligibility.
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 lacks exceptional ability; does not qualify for underlying EB-2 classification
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner lacks exceptional ability; does not qualify for underlying EB-2 classification |
 Well positioned | Not reached / not discussed | Threshold requirement for EB-2 not met; NIW prongs not analyzed |
 Balance favors a waiver | Not reached / not discussed | Threshold requirement for EB-2 not met; NIW prongs not analyzed |
A published decision describes one case. It is not legal advice and not a prediction for yours.