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EB-2 NIWAgriculture and foodIndividualDecided March 2024Dismissed

Outcome: Dismissed

MAR142024_10B5203

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

Our summary

An entrepreneur running an agricultural advisory business sought EB-2 classification as an individual of exceptional ability together with a national interest waiver. The AAO dismissed the appeal because the petitioner did not satisfy three of the six exceptional ability criteria, and it reserved the Dhanasar prongs as unnecessary to decide.

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 discussedDhanasar prongs reserved because petitioner did not qualify for the underlying EB-2 exceptional ability classification.
Well positionedNot reached / not discussedClaimed on appeal but not analyzed; decision reserved the Dhanasar issues.
Balance favors a waiverNot reached / not discussedClaimed on appeal but not analyzed; decision reserved the Dhanasar issues.

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

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