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EB-2 NIWCivil and environmental engineeringEmployerDecided March 2023Dismissed

Outcome: Dismissed

MAR072023_03B5203

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

Our summary

Civil engineer sought EB-2 exceptional ability classification with national interest waiver. Petitioner claimed two additional criteria beyond the one (official academic record) the director found met. AAO held petitioner failed to meet three required criteria for exceptional ability and thus did not reach Dhanasar waiver analysis.

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 discussedFirst prong not reached; petitioner failed underlying EB-2 qualification
Well positionedNot reached / not discussedNot reached because petitioner ineligible for underlying EB-2
Balance favors a waiverNot reached / not discussedNot reached because petitioner ineligible for underlying EB-2

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

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