EB-2 NIWBusiness and managementIndividualDecided May 2023Dismissed
Outcome: Dismissed
MAY172023_03B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A general and operations manager self-petitioned for EB-2 exceptional ability classification with a national interest waiver. The appeal was dismissed because the evidence of ten years of full-time experience in that occupation did not match the claimed duties, and no other criteria beyond the academic record were met. The waiver analysis was reserved.
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 | Not reached because exceptional ability was not established; the Dhanasar framework was reserved. |
 Well positioned | Not reached / not discussed | Not reached because exceptional ability was not established; the Dhanasar framework was reserved. |
 Balance favors a waiver | Not reached / not discussed | Not reached because exceptional ability was not established; the Dhanasar framework was reserved. |
A published decision describes one case. It is not legal advice and not a prediction for yours.