EB-2 NIWOtherIndividualDecided May 2023Dismissed
Outcome: Dismissed
MAY102023_02B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A pilot sought EB-2 exceptional ability classification with national interest waiver. The AAO affirmed the Director's finding that he did not meet three of six regulatory criteria for exceptional ability, failing to establish EB-2 eligibility. Dhanasar framework analysis was not required; appeal dismissed.
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 threshold EB-2 eligibility; Dhanasar framework analysis not required |
 Well positioned | Not reached / not discussed | First prong failure made analysis unnecessary |
 Balance favors a waiver | Not reached / not discussed | First prong failure made analysis unnecessary |
A published decision describes one case. It is not legal advice and not a prediction for yours.