EB-2 NIWBusiness and managementIndividualDecided March 2021Dismissed
Outcome: Dismissed
MAR212023_03B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
General and operations manager sought EB-2 exceptional ability classification and NIW. AAO affirmed denial because petitioner failed to satisfy three of six exceptional ability regulatory criteria; NIW arguments not reached as dispositive basis for denial was established.
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
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Claimed but not analyzed; decision declined to reach NIW arguments after finding lack of exceptional ability |
 Well positioned | Not reached / not discussed | Claimed but not analyzed; decision reserved opinion on NIW framework |
 Balance favors a waiver | Not reached / not discussed | Claimed but not analyzed; decision reserved opinion on NIW framework |
A published decision describes one case. It is not legal advice and not a prediction for yours.