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EB-2 NIWArts, design, architectureIndividualDecided May 2024Dismissed

Outcome: Dismissed

MAY022024_05B5203

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

Our summary

A graphical design entrepreneur sought exceptional ability classification and NIW. AAO dismissed appeal because petitioner failed to contest the director's adverse final merits determination on appeal, constituting waiver of a dispositive issue that made overall eligibility impossible.

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 waived final merits determination argument which was dispositive basis for denial
Well positionedNot reached / not discussedClaimed but not analyzed; petitioner waived this issue on appeal
Balance favors a waiverNot reached / not discussedClaimed but not analyzed; petitioner waived this issue on appeal

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

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