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EB-2 NIWArts, design, architectureIndividualDecided March 2026Dismissed

Outcome: Dismissed

MAR182026_01B5203

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

Our summary

A tattoo artist sought EB-2 exceptional ability classification and national interest waiver. The AAO affirmed dismissal because the petitioner met only one of three claimed exceptional ability criteria; therefore, the underlying EB-2 classification was not established and national interest waiver Dhanasar prongs were not addressed.

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 discussedPetitioner ineligible for underlying EB-2 classification; Dhanasar prongs reserved and not analyzed
Well positionedNot reached / not discussedPetitioner ineligible for underlying EB-2 classification; Dhanasar prongs reserved and not analyzed
Balance favors a waiverNot reached / not discussedPetitioner ineligible for underlying EB-2 classification; Dhanasar prongs reserved and not analyzed

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

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