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EB-2 NIWFilm, music, performing artsIndividualDecided March 2024Dismissed

Outcome: Dismissed

MAR202024_05B5203

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

Our summary

A film content creator sought NIW for EB-2 as individual of exceptional ability. AAO dismissed appeal because petitioner met only one of six required criteria for exceptional ability, failing to establish underlying EB-2 eligibility; NIW Dhanasar prongs reserved.

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 eligibility for underlying EB-2
Well positionedNot reached / not discussedNot reached because petitioner failed to establish exceptional ability eligibility for underlying EB-2
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed to establish exceptional ability eligibility 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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