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EB-2 NIWEntrepreneurshipIndividualDecided March 2024Dismissed

Outcome: Dismissed

MAR202024_12B5203

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

Our summary

Entrepreneur in industrial electronics sought exceptional ability classification and national interest waiver. AAO upheld director's finding that petitioner did not establish exceptional ability despite meeting three of six criteria; qualifications typical for average IT services provider. Did not address national interest waiver prongs as underlying EB-2 ineligibility was dispositive.

Official PDF

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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 discussedUnderlying EB-2 eligibility not established; agency declined to reach Dhanasar prongs as unnecessary.
Well positionedNot reached / not discussedUnderlying EB-2 eligibility not established; agency declined to reach Dhanasar prongs as unnecessary.
Balance favors a waiverNot reached / not discussedUnderlying EB-2 eligibility not established; agency declined to reach Dhanasar prongs as unnecessary.

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

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