Outcome: Dismissed
NOV092023_01B5203
Our summary
A nurse sought EB-2 exceptional ability classification with national interest waiver. The AAO affirmed the service center denial, finding the petitioner did not establish a degree of expertise significantly above that ordinarily encountered. Since the underlying EB-2 qualification failed, the waiver analysis was 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
| Criterion | Reading | Why |
|---|---|---|
| Not reached / not discussed | Appeal dismissed because petitioner failed to qualify for underlying EB-2 exceptional ability classification; first prong not reached | |
| Not reached / not discussed | Not reached because petitioner did not meet threshold EB-2 exceptional ability requirement | |
| Not reached / not discussed | Not reached because petitioner did not meet threshold EB-2 exceptional ability requirement |
A published decision describes one case. It is not legal advice and not a prediction for yours.
