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EB-2 NIWBusiness and managementIndividualDecided May 2025Dismissed

Outcome: Dismissed

MAY222025_04B5203

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

Our summary

An entrepreneur sought EB-2 exceptional ability classification with NIW. The AAO upheld dismissal because she failed to meet three of six exceptional ability criteria (no qualifying license, insufficient years of experience, insufficient salary, no professional membership). The NIW merits were 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 discussedFirst prong (underlying EB-2 eligibility) failed; NIW framework not reached.
Well positionedNot reached / not discussedFirst prong (underlying EB-2 eligibility) failed; NIW framework not reached.
Balance favors a waiverNot reached / not discussedFirst prong (underlying EB-2 eligibility) failed; NIW framework not reached.

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

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