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EB-2 NIWArts, design, architectureIndividualDecided May 2023Dismissed

Outcome: Dismissed

MAY312023_03B5203

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

Our summary

Motorcycle customizer sought EB-2 classification with NIW for exceptional ability. AAO dismissed because petitioner failed to meet three regulatory criteria for exceptional ability at time of filing; NIW analysis not reached due to threshold ineligibility.

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 underlying EB-2 qualification threshold for exceptional ability
Well positionedNot reached / not discussedNot reached because petitioner failed underlying EB-2 qualification threshold for exceptional ability
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed underlying EB-2 qualification threshold for exceptional ability

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

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