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EB-2 NIWOtherIndividualDecided May 2023Dismissed

Outcome: Dismissed

MAY252023_09B5203

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

Our summary

Individual claiming exceptional ability in sciences, arts or business seeks EB-2 NIW. Did not establish underlying EB-2 classification eligibility. AAO dismissed appeal without reaching NIW framework because petitioner failed foundational requirement of demonstrating advanced degree or exceptional ability status.

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 discussedPetitioner failed to qualify for underlying EB-2 classification; NIW prongs not reached
Well positionedNot reached / not discussedPetitioner failed to qualify for underlying EB-2 classification; NIW prongs not reached
Balance favors a waiverNot reached / not discussedPetitioner failed to qualify for underlying EB-2 classification; NIW prongs not reached

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

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