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EB-2 NIWBusiness and managementIndividualDecided May 2023Dismissed

Outcome: Dismissed

MAY052023_03B5203

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

Our summary

A logistics analyst sought EB-2 exceptional ability classification and national interest waiver to establish a logistics company. The AAO found he met three evidentiary criteria but lacked the degree of expertise significantly above ordinary in business. The appeal was dismissed without reaching waiver analysis.

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 discussedNot reached because petitioner failed exceptional ability threshold; waiver analysis reserved
Well positionedNot reached / not discussedNot reached because petitioner failed exceptional ability threshold; waiver analysis reserved
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed exceptional ability threshold; waiver analysis reserved

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

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