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EB-2 NIWSports and athleticsIndividualDecided March 2023Dismissed

Outcome: Dismissed

MAR242023_02B5203

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

Our summary

A martial arts instructor seeks NIW for EB-2 as self-petitioner. AAO affirmed dismissal because petitioner failed to demonstrate exceptional ability required for EB-2 qualification; inconsistent representations about proposed endeavor made evaluation impossible; NIW analysis not reached.

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 discussedClaimed but not analyzed; petitioner failed categorical EB-2 test for exceptional ability first
Well positionedNot reached / not discussedNot reached; petitioner ineligible for EB-2 so NIW analysis not conducted
Balance favors a waiverNot reached / not discussedNot reached; petitioner ineligible for EB-2 so NIW analysis not conducted

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

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