EB-2 NIWOtherIndividualDecided March 2023Dismissed
Outcome: Dismissed
MAR282023_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A pilot seeking EB-2 exceptional ability classification and NIW failed to submit required labor certification and did not clearly specify whether seeking classification as advanced degree professional or exceptional ability individual. The AAO dismissed the appeal because the petitioner did not establish EB-2 eligibility or merit for NIW under Dhanasar framework.
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
- Merit and national importance · Petitioner failed to establish eligibility for underlying EB-2 classification as advanced degree professional or exceptional ability individual.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner failed to establish eligibility for underlying EB-2 classification as advanced degree professional or exceptional ability individual. |
 Well positioned | Not reached / not discussed | Not reached because petitioner failed to establish EB-2 eligibility. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed to establish EB-2 eligibility and did not advance Dhanasar framework arguments. |
A published decision describes one case. It is not legal advice and not a prediction for yours.