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EB-2 NIWBusiness and managementEmployerDecided March 2023Dismissed

Outcome: Dismissed

MAR072023_01B5203

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

Our summary

Travel agent and tour guide seeks EB-2 NIW. Director denied both exceptional ability and NIW. AAO affirmed denial of EB-2 classification, finding petitioner met only two of six exceptional ability criteria, falling short of three-criterion threshold; declined to reach NIW arguments.

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; EB-2 eligibility failure dispositive; NIW analysis reserved.
Well positionedNot reached / not discussedNot reached; EB-2 eligibility failure dispositive; NIW analysis reserved.
Balance favors a waiverNot reached / not discussedNot reached; EB-2 eligibility failure dispositive; NIW analysis reserved.

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

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