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EB-2 NIWOtherIndividualDecided March 2021Dismissed

Outcome: Dismissed

MAR252021_03B5203

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

Our summary

An international organization staff member requested second preference classification as an individual of exceptional ability with a national interest waiver. The AAO dismissed the appeal, finding his salary criterion unmet because the pay reflected a standardized scale rather than exceptional ability. It therefore did not reach the waiver question.

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 discussedAppeal resolved on exceptional ability; the waiver issues were expressly not reached and reserved.
Well positionedNot reached / not discussedNot reached because the threshold exceptional ability classification was not established.
Balance favors a waiverNot reached / not discussedNot reached because the threshold exceptional ability classification was not established.

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

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