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EB-2 NIWBusiness and managementIndividualDecided May 2026Dismissed

Outcome: Dismissed

MAY012026_02B5203

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

Our summary

A business manager filed for EB-2 exceptional ability with national interest waiver. She satisfied three evidentiary criteria initially but failed final merits determination, lacking expertise significantly above ordinary in the field. AAO found no exceptional ability and thus ineligible for EB-2 or NIW, dismissing appeal.

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 · Final merits determination shows petitioner lacks degree of expertise significantly above ordinary encountered in field.

Criteria

CriterionReadingWhy
Merit and national importanceNot metFinal merits determination shows petitioner lacks degree of expertise significantly above ordinary encountered in field.
Well positionedNot reached / not discussedFirst prong fails; second and third Dhanasar prongs not reached.
Balance favors a waiverNot reached / not discussedFirst prong fails; second and third Dhanasar prongs not reached.

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

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