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EB-2 NIWSports and athleticsIndividualDecided May 2024Dismissed

Outcome: Dismissed

MAY302024_11B5203

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

Our summary

A chief executive officer and coach sought EB-2 NIW classification claiming exceptional ability in capoeira. The AAO found the petitioner failed to meet any of six exceptional ability criteria, particularly lacking evidence of advanced degree, ten years progressive experience, or professional association membership. Appeal dismissed without reaching Dhanasar framework.

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 establish exceptional ability; Dhanasar prongs not reached.
Well positionedNot reached / not discussedPetitioner failed to establish exceptional ability; Dhanasar prongs not reached.
Balance favors a waiverNot reached / not discussedPetitioner failed to establish exceptional ability; Dhanasar prongs not reached.

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

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