EB-2 NIWBusiness and managementIndividualDecided November 2024Dismissed
Outcome: Dismissed
NOV132024_03B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Entrepreneur in cargo transportation and logistics sought EB-2 NIW as exceptional ability individual. AAO held petitioner met only one of six required criteria for exceptional ability and withdrew membership finding; appeal dismissed as petitioner ineligible for underlying classification.
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 |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Claimed but not analyzed; petitioner failed to meet three-criterion threshold for exceptional ability, making NIW analysis unnecessary. |
 Well positioned | Not reached / not discussed | Claimed but not analyzed; petitioner failed to establish exceptional ability, making NIW prongs unnecessary. |
 Balance favors a waiver | Not reached / not discussed | Claimed but not analyzed; petitioner failed to establish exceptional ability, making NIW prongs unnecessary. |
A published decision describes one case. It is not legal advice and not a prediction for yours.