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EB-2 NIWFinance and economicsIndividualDecided May 2023Dismissed

Outcome: Dismissed

MAY302023_03B5203

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

Our summary

A financial and investment analyst entrepreneur sought EB-2 exceptional ability classification and national interest waiver. The AAO dismissed the appeal because the petitioner failed to demonstrate eligibility for the underlying EB-2 classification by meeting the initial evidence threshold, making Dhanasar analysis unnecessary.

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 because petitioner failed to establish underlying EB-2 exceptional ability eligibility
Well positionedNot reached / not discussedNot reached because petitioner failed to establish underlying EB-2 exceptional ability eligibility
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed to establish underlying EB-2 exceptional ability eligibility

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

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