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EB-2 NIWOtherIndividualDecided March 2024Dismissed

Outcome: Dismissed

MAR122024_05B5203

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

Our summary

A skincare specialist and entrepreneur sought NIW for EB-2 as exceptionally able. She met only two of six required exceptional ability criteria: ten years employment and occupational licensing. The AAO affirmed dismissal without reaching the NIW Dhanasar 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 discussedNot reached; petitioner failed to meet three-criterion threshold for exceptional ability, so NIW analysis not required
Well positionedNot reached / not discussedNot reached; petitioner failed to meet three-criterion threshold for exceptional ability, so NIW analysis not required
Balance favors a waiverNot reached / not discussedNot reached; petitioner failed to meet three-criterion threshold for exceptional ability, so NIW analysis not required

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

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