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EB-2 NIWBusiness and managementIndividualDecided May 2021Dismissed

Outcome: Dismissed

MAY272021_02B5203

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

Our summary

A nonprofit executive sought EB-2 exceptional ability and national interest waiver. The AAO affirmed that he did not meet exceptional ability criteria. On NIW review under Dhanasar, the decision found the first prong failed because his proposed nonprofit management work lacked sufficient detail to demonstrate national importance beyond organizational level activities.

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 · Proposed nonprofit work lacked detail and broader implications beyond organizational level

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed nonprofit work lacked detail and broader implications beyond organizational level
Well positionedNot reached / not discussedFirst prong failed so second prong not reached
Balance favors a waiverNot reached / not discussedFirst prong failed so third prong not reached

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

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