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EB-2 NIWMechanical and aerospace engineeringIndividualDecided May 2023Dismissed

Outcome: Dismissed

MAY182023_02B5203

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

Our summary

Manufacturing technician seeking EB-2 exceptional ability with NIW. AAO affirmed director's finding petitioner failed to establish advanced degree or meet three of six exceptional ability criteria; lacked sufficient experience documentation. NIW analysis not reached. 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

CriterionReadingWhy
Merit and national importanceNot reached / not discussedNot reached; petitioner ineligible for EB-2 exceptional ability, making NIW analysis unnecessary
Well positionedNot reached / not discussedNot reached; NIW framework not analyzed due to failure to establish EB-2 eligibility
Balance favors a waiverNot reached / not discussedNot reached; reserved because petitioner failed underlying EB-2 classification requirement

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

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