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EB-2 NIWLaw, policy, social scienceIndividualDecided March 2023Dismissed

Outcome: Dismissed

MAR202023_02B5203

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

Our summary

A crime and intelligence specialist seeking EB-2 exceptional ability and national interest waiver. The AAO found the petitioner met four evidentiary criteria but lacked the requisite degree of expertise significantly above that ordinarily encountered in the field. The waiver prongs were not reached due to failure on the underlying exceptional ability requirement.

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 because petitioner failed to establish exceptional ability, the underlying EB-2 qualification.
Well positionedNot reached / not discussedNot reached because petitioner failed to establish exceptional ability, the underlying EB-2 qualification.
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed to establish exceptional ability, the underlying EB-2 qualification.

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

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