EB-2 NIWBusiness and managementIndividualDecided May 2023Dismissed
Outcome: Dismissed
MAY052023_01B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A general operations manager in transportation and logistics seeks NIW for EB-2 exceptional ability. He claimed all six evidentiary criteria but the AAO found he failed to meet the minimum three criteria requirement, lacking eligibility for the underlying EB-2 classification and thus ineligible for NIW consideration.
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
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Petitioner failed to qualify as individual of exceptional ability; first Dhanasar prong not reached |
 Well positioned | Not reached / not discussed | First prong not reached; second Dhanasar prong reserved |
 Balance favors a waiver | Not reached / not discussed | First prong not reached; third Dhanasar prong reserved |
A published decision describes one case. It is not legal advice and not a prediction for yours.