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EB-2 NIWArts, design, architectureIndividualDecided May 2024Dismissed

Outcome: Dismissed

MAY142024_03B5203

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

Our summary

A hairstylist sought EB-2 exceptional ability classification with national interest waiver. AAO dismissed the appeal because petitioner failed to meet the underlying EB-2 exceptional ability requirements, satisfying only two of six regulatory criteria. National interest waiver analysis was not reached.

Official PDF

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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 failed to establish underlying EB-2 exceptional ability classification, making NIW analysis unnecessary.
Well positionedNot reached / not discussedClaimed but not analyzed; petitioner failed to establish underlying EB-2 exceptional ability classification, making NIW analysis unnecessary.
Balance favors a waiverNot reached / not discussedClaimed but not analyzed; petitioner failed to establish underlying EB-2 exceptional ability classification, making NIW analysis unnecessary.

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

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