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EB-2 NIWAgriculture and foodIndividualDecided May 2024Dismissed

Outcome: Dismissed

MAY312024_05B5203

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

Our summary

Operation manager in food retail sought EB-2 classification as individual of exceptional ability with NIW. AAO held she failed to demonstrate exceptional ability by meeting at least three evidentiary criteria, and therefore did not establish underlying EB-2 eligibility; Dhanasar prongs not addressed.

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 discussedFirst prong not reached; exceptional ability not established.
Well positionedNot reached / not discussedNot reached; exceptional ability requirement failed.
Balance favors a waiverNot reached / not discussedNot reached; exceptional ability requirement failed.

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

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