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EB-2 NIWOtherIndividualDecided March 2024Dismissed

Outcome: Dismissed

MAR282024_03B5203

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

Our summary

Commercial pilot sought EB-2 advanced degree or exceptional ability classification and NIW. AAO dismissed, finding only two of six exceptional ability criteria met. Final merits determination found no unusual expertise in field. Ineligible for EB-2; therefore ineligible for NIW. Remaining Dhanasar arguments reserved.

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 discussedFirst and second Dhanasar prongs reserved; ineligibility for EB-2 exceptional ability dispositive
Well positionedNot reached / not discussedNot reached; Dhanasar analysis reserved
Balance favors a waiverNot reached / not discussedNot reached; Dhanasar analysis reserved

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

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