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EB-2 NIWBusiness and managementIndividualDecided May 2023Dismissed

Outcome: Dismissed

MAY152023_02B5203

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

Our summary

Airport operations specialist sought EB-2 NIW classification. Service center found him ineligible for advanced degree category due to less than three years post-degree work experience. AAO upheld denial and held petitioner failed to meet exceptional ability criteria and Dhanasar's first prong, lacking sufficient evidence of expertise, employment history, and national importance of proposed endeavor.

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

  • Merit and national importance · Airport operations specialist's proposed endeavor does not meet first prong of Dhanasar framework

Criteria

CriterionReadingWhy
Merit and national importanceNot metAirport operations specialist's proposed endeavor does not meet first prong of Dhanasar framework
Well positionedNot reached / not discussedFirst prong failure rendered second prong analysis unnecessary
Balance favors a waiverNot reached / not discussedFirst prong failure rendered third prong analysis unnecessary

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

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