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EB-2 NIWArts, design, architectureIndividualDecided May 2023Dismissed

Outcome: Dismissed

MAY112023_03B5203

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

Our summary

Sewing professional claimed exceptional ability under six EB-2 criteria. AAO dismissed the appeal, finding she met only one criterion reliably. Because underlying EB-2 classification was not established, the national interest waiver claim was not addressed.

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 discussedPetitioner ineligible for underlying EB-2 exceptional ability; NIW eligibility not reached.
Well positionedNot reached / not discussedPetitioner ineligible for underlying EB-2 exceptional ability; NIW eligibility reserved.
Balance favors a waiverNot reached / not discussedPetitioner ineligible for underlying EB-2 exceptional ability; NIW eligibility reserved.

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

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